The first bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy while hearing a plea moved by state Transport Minister MR Vijayabhaskhar said: "You (EC) are the only institution responsible for the situation we are in today and You have been singularly lacking any kind of exercise of authority. You have not taken measures against political parties holding rallies despite the court saying "Maintain Covid protocol, maintain Covid protocol."

The court observed: "We assure you that we will stop counting if we do not find before May 2 a blueprint on how proper maintenance of Covid protocol is assured so that this state does not succumb to the idiosyncrasies any further."

The Chief Justice also observed that Public health is of paramount importance and that it was distressing to remind constitutional authorities on the counting and possibilities of a further surge after May 2.

The Tamil Nadu state transport minister had petitioned the court seeking direction to the Election Commission, to follow a slew of measures in ensuring fairness during the counting of votes on May 2 for Karur constituency where he had contested the elections as an AIADMK candidate. There were 77 candidates in fray at Karur constituency.