Fallacy of Accident
The Election Commission is an autonomous body granted with the powers to hold elections by the issue of a simple notification. In N.P. Ponnuswami and Ors. v. Returning Officer, Namakkal Constituency and Ors. the Hon’ble Supreme Court while placing emphasis over the importance of elections in democratic countries, held that elections shall be concluded as early as possible and all disputes and grievances therefrom shall be postponed till after the said elections are over. This judgment has since been used as the rule of thumb by all other courts in dismissing any plea made before them for the postponement of elections due to any reason whatsoever.[1]
Upon no action whatsoever from the Election Commission, the respective High Courts of both the poll-bound states – West Bengal and Tamil Nadu have now questioned the body on its culpability in the new and deadly wave of the virus that has now engulfed the states. Most recently, the Hon’ble Madras High Court in its order dated 26.04.2021came down heavily on the Election Commission for its role in the spread of the virus across the state, to say the least. While recording the inactivity of the autonomous body, the Court held, “Public health is of paramount importance and it is stressing that Constitutional authorities have to be reminded in such regard. It is only when the citizen survives that he enjoys the other rights that this democratic republic guarantees unto him. The situation is now one of survival and protection and, everything else comes thereafter.” Apart from the recorded observations, the Court has been reported to mention the following to the counsel of the Election Commission, “Your institution is singularly responsible for the second wave of COVID-19. Your officers should be booked on murder charges probably.” while discussing the culpability of the Election Commission in the increase in the number of deaths in the State due to the spread COVID 19.
The Madras High Court has been right in its observation of the lack of good judgement on the part of the Election Commission of India. The various courts across India that have followed the precedent of the Supreme Courts decision in N.P. Ponnuswami and Ors. v. Returning Officer, Namakkal Constituency and Ors. have committed the Fallacy of Accident. Fallacy of Accident occurs when what is true in general cannot be true in a special case or what is true under normal circumstances cannot be true under special circumstances There do exist certain general principles, however, all general principles have exceptions and the Election Commission of India ought to have used discretion in holding of elections across India during the pandemic. The general principles of the functioning and powers of the Election Commission of India cannot and ought to have not operated during the pandemic.
[1] https://www.livelaw.in/columns/election-commissions-apathy-as-citizens-gasp-for-breath-173304