Ensure strict compliance with COVID guidelines in poll campaign: Delhi HC tells ECI

Sep 08, 2022

New Delhi [India], September 8 : The Delhi High Court on Thursday directed the Election Commission of India (ECI) to ensure strict compliance with its guidelines related to COVID norms to be followed by political parties and leaders organising public meetings and poll campaigning during elections.
The court while disposed of public interest litigation (PIL) sought action against the leaders of different political parties for violating the COVID guidelines of mask and social distancing during rallies.
The Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad disposed of the matter and said the Election Commission has to comply with its guidelines issued in the last year on April 16, August 2021.
The bench also noted that the submissions of Advocate Sidhant Kumar appeared for ECI, stating that the commission has taken stern action in this regard and strictly adhered to the said guidelines.
The bench also noted that the presently covid situation is under control.
Earlier, ECI had vehemently opposed the plea and submitted that there is territorial jurisdiction in the matter of the elections held in five different states. ECI also called the petition malafide and sought its dismissal.
The Delhi High Court was hearing a PIL of Dr Vikram Singh, former Director-General of Police (DGP) and Chairman of think tank CASC, filed in March 2021 for taking action against the leaders of different political parties for violating the COVID Guidelines of Mask and social distancing.
The plea also sought direction from Election Commission to publish prominently on its website, mobile apps, election materials and other platforms the "Election Commission Guidelines for the conduct of general elections/bye-elections during Covid-19" published in August 2020.
Advocate Virag Gupta, appearing for the petitioner also sought direction to recover the penalty from all political parties on the basis of the number of crowds claimed to be in roadshows and rallies, which was in violation of COVID-19 guidelines of the Election Commission.
It also sought direction to lodge FIRs against all-star campaigners and leaders of all political parties who openly violated masking and social distancing guidelines of the Election Commission.
The plea also prayed for the prosecution of officials of the Election Commission who failed to enforce their own mandatory COVID guidelines despite the legal representation of the petitioner.
The plea sought seizure of all electronic evidence with the Election Commission with respect to rallies and roadshows conducted by political parties.
Earlier, the Delhi High Court had issued notice to the Centre, and the Election commission of India on a plea to ensure masks are worn during poll campaigns during ongoing elections in various places.