The Aurangabad bench of the Bombay high court (HC) has refused to allow elections of a trade union in Jalgaon during the lockdown period in light of the ‘Break the Chain’ notification issued by the state government in April.
The court observed that though the blame game for Covid-related issues will continue, recovery of lives lost to the virus will not be possible.
The bench held that as three members of the trade union succumbed to Covid-19, while two others were in home quarantine, “the heavens would not come down” if elections to the union were not held.
The division bench of justice Ravindra Ghuge and justice Balchandra Debadwar, while hearing a petition filed by the trade union members, was informed by advocate PV Barde that the deputy registrar of the trade unions and Nashik district collector had refused permission to conduct elections on May 12 and 18, respectively. As the term of elected officials would come to an end on May 25, the union wanted to conduct the elections but the members were opposing it.
Government pleader DR Kale informed the bench that as per the ‘Break the Chain’ notification of the state government, an assembly of people was not allowed, and if the elections were to be conducted, it would result in violation of the notification and hence, must not be allowed.
The union, however, informed the bench through advocate SR Patil that initially the deputy district collector had allowed the election, provided six conditions were complied with. Patil submitted that the poll should be allowed as the union and its members were willing to comply with the conditions. In light of this, he sought HC’s directions for the district collector and deputy registrar to permit the elections.
After hearing the submissions, the bench observed, “These are unprecedented situations and this country is facing a health challenge. It is the responsibility of every citizen to take care of health and safeguard the health of all others too. If the elections are permitted, and if for any reason, a few voters report [Covid-] positive post elections and leads to loss of life, the entire blame would be on those office-bearers of the union, who are desirous of holding the elections despite such a challenging situation. In such an unfortunate situation, the blame game may continue, but the loss of human life can never be recovered.”
The bench refused to issue any direction to authorities to allow the elections and disposed of the petition.
Source: https://www.hindustantimes.com/cities/others/bombay-hc-rejects-plea-for-trade-union-polls-101622487949614.html
