Delhi HC issues notice to respondents on plea seeking direction to UOI to debar such campaigners, candidates from campaigning assembly polls

New Delhi [India], March 22 : The Delhi High Court on Monday issued notice to respondents on a plea seeking direction to UOI to debar such campaigners and candidates from campaigning in the upcoming assembly elections "either permanently or for a stipulated, sufficiently long, period", if they repeatedly violate the mandatory masking guidelines issued by the Election Commission.
The Division Bench of Justice DN Patel and Justice Jasmeet Singh sought response from the Union of India and the Election Commission of India on the plea and slated the matter for April 30.
The petition was filed by Vikram Singh, former Director-General of Police, Uttar Pradesh, and presently the Chancellor of Noida International University and Chairman of Think Tank Centre for Accountability and Systemic Change (CASC) through advocates Virag Gupta and Gaurav Pathak.
Appearing for the Election Commission, Advocate Sidhant Kumar opposed the issuance of notice by stating that elections were not happening in Delhi, and masks-related guidelines are to be enforced by district-level officials of five states. "Merely because the EC is in Delhi, the High Court will not automatically have the jurisdiction," Sidhant Kumar submitted.
While the advocate Virag Gupta who appeared for the petitioner submitted that the objection of EC is frivolous, especially when COVID-19 is on the rise. "Notification on February 26 of the EC which had made it mandatory for every person involved in the election-related activity to wear a mask," he highlighted.
He also relied on a separate order of the Delhi High Court in which Justice Hari Shankar had taken suo motu cognizance of non-wearing of masks by passengers in a Kolkata-Delhi flight.
Election Commission has recently announced Assembly Elections of Assam, Kerala, Tamil Nadu, West Bengal and Puducherry. While announcing the Elections, the Commission at Clause 2(1) of its notification mandated, "Every person shall wear face mask during every election-related activity." Yet, there are many instances wherein campaigners and their supporters are not wearing masks while campaigning for the elections, the petitioner added.
"That campaigners from Delhi also go to these elections to campaign for their party's candidate and criss-cross the country to campaign in every poll-bound state. That when such campaigners from all political parties are not wearing masks, not only they put themselves at risk, but also the common public at large, " read the petition.
It further said that as election rallies are attended by thousands of persons, even a single COVID-19 positive person can cause the event to become a super spreader.
The petitioner has sent a representation on March 11 to the respondent's Election Commission but has not received any reply.
The Petitioner has also relied on the detailed research in the book "Unmasking VIP: Duality of Law" published by the Centre for Accountability and Systemic Change (CASC).
"The failure to not wear a mask invites penalty as well as criminal prosecution. On many occasions, it has been observed that the general public is arbitrarily penalized for non-wearing of masks, while the high and mighty get away scot-free. In fact, crores of rupees have been collected by various authorities from the public for masks-related violations," the petition said.
"Assembly Elections are a major hotbed of political activity, with leaders, campaigners, candidates across political parties participating in the same and all such persons are bound by the mandatory mask directive of the Election Commission. Yet, there are many instances wherein campaigners and their supporters are not wearing masks while campaigning. Photos and videos showing the same are replete across electronic and print media, and on many occasions, shared by the campaigners themselves," the petitioner said.