"Debar Candidates, Campaigners In Assembly Elections For Violating Mandatory Masking Guidelines": Plea In Delhi High Court

A petition has been moved in the Delhi High Court seeking directions on Union of India through Ministry of Home Affairs and Election Commission of India to debar candidates and campaigners from campaigning in election, "either permanently or for a stipulated period of time", if they repeatedly violate mandatory masking guidelines issued by Election Commission.

The petition is 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. The petition states that in view of the announcement of Election Commission for conducting Assembly elections in States of Assam, Kerala, Tamil Nadu, West Bengal and Puducherry, the Commission at clause 2(1) of the notification mandated every person to wear a face mask during election related activity.

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 states.

According to the petitioner, the Assembly elections being major hotbed of political activity involve participation of leaders, campaigners, candidates across political parties. However, it has been submitted by the petitioner that despite the directions of the Election Commission, many of the campaigners and their supporters have found not wearing 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 reads.

In view of this, the petition prays directions on Respondents to 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 issued by the Election Commission."

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