COVID-19: Delhi HC Closes PIL To Implement Safety Protocol During Election Campaigns, Directs ECI To Ensure Strict Compliance

The Delhi High Court on Thursday directed the Election Commission of India to ensure strict compliance by political parties of its guidelines concerning COVID-19 norms during elections.

A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL seeking to debar candidates and campaigners of political parties from campaigning in elections, "either permanently or for a stipulated period of time", if they repeatedly violate mandatory masking guidelines issued by Election Commission.

The counsel appearing for ECI submitted that it had taken stern action in the matter from time to time against all errants and had also issued guidelines in that regard.

The counsel further apprised the Court that the Commission is also ensuring strict adherence to guidelines framed on the subject and that at the present, there is no COVID-19 pandemic situation in the country.

"The counsel for ECI has assured that in case there is a COVID-19 pandemic like situation in the country, it will be taking appropriate action in consultation with the government of India," the Court noted while disposing of the plea.

The petition was filed by one Dr. Vikram Singh, presently serving as Chancellor of Noida International University and Chairman of Centre for Accountability and Systemic Change (CASC) and has been moved by Advocate Gaurav Pathak.

A representation dated 11th March 2021 was made by the petitioner to the Commission asking it to take strict action against "star campaigners" of different political parties to ensure that mandatory masking is effectively followed by one and all during election period.

"Every person has the fundamental right to life, which is being impacted by political leaders, campaigners and candidates not wearing the masks during the election process. Once the Election Commission has mandated the compulsory wearing of masks, it is duty bound to ensure strict compliance of the same. The failure to not wear a mask invites penalty as well as criminal prosecution," the petition stated.

According to the petitioner, the Assembly elections being major hotbed of political activity involve participation of leaders, campaigners, candidates across political parties. However, it was submitted that despite the directions of the Election Commission, many of the campaigners and their supporters failed to wear masks.

"That the Election Commission has huge powers under Article 324 of the Constitution to enforce its guidelines. Accordingly, the Petitioner sent a representation dated 11 March 2021, asking it to take strict action against star campaigners of different political parties to ensure that mandatory masking is effectively followed by one and all during election period. The Petitioner sought that the Election Commission should debar such campaigners and candidates from campaigning in the election "either permanently or for a stipulated, sufficiently long, period", if they repeatedly violate the mandatory masking guidelines," the petition read.

Case Title: Dr. Vikram Singh v. Union of India & Anr.

Citation: 2022 LiveLaw (Del) 848