It's Vital To Keep The Army Apolitical: Madhya Pradesh HC Upholds ECI Restrictions [Read Order]

The bench comprising the Chief Justice SK Seth and Justice Vijay Kumar Shukla dismissed a PIL filed by one Dr. Mumtaj Ahmed Khan who had questioned the authority of the ECI to impose restriction in the Model Code of Conduct on the political parties. She had contended that, no harm is done if political parties during the political campaign are allowed to discuss in the public, the military operation and act of solders.

While announcing General elections, the Election commission had reiterated its advisory that photographs of Chief of Army Staff or any other Defence personnel and photographs of functions of Defence Forces should not be associated with or used in any manner in advertisement/propaganda/campaigning or in any other manner in connection with elections by political parties and candidates.

The bench, however, observed that the restrictions imposed by the Election commission are reasonable restrictions in larger interests of free and fair elections, and it is empowered to issue such restrictions.

It further said that the armed forces are apolitical and neutral stakeholder in the modern democracy and they belong to everyone and are not appendage of any political outfit. While dismissing the plea, the bench said:

"To ensure free and fair elections, it is important to remember that army or defence personnel in service are not the vote catching issues therefore, it is vital to keep the army apolitical. The Indian army is not a politicized force nor does it play any role in the politics and administration of the country. The democracy for all its wart and shortcomings is well entrenched in India, and executive control over the Olive Greens is firmly established."

Read Order