The Delhi High Court Thursday directed the Election Commission of India (ECI) to ensure strict compliance with its guidelines relating to COVID-19 norms to be followed by political parties and leaders organising public meetings and rallies during elections.
A bench of Chief Justice S C Sharma and Justice S Prasad noted the submission of the counsel for ECI that right now there is no COVID-19 pandemic situation in the country and assured that in case there is a pandemic-like situation, it will be taking appropriate action in consultation with the government.
The court was hearing a petition seeking to debar campaigners and candidates from campaigning in the assembly elections for repeatedly violating the mandatory guidelines, including wearing masks, issued by the poll panel in view of the COVID-19 pandemic.
Advocate Virag Gupta, appearing for petitioner Vikram Singh who was the former DGP of Uttar Pradesh and also the chairman of the think tank Centre for Accountability and Systemic Change (CASC), submitted that the main cause raised in the petition is over and since then, ECI has issued several guidelines and taken many actions.
Advocate Siddhant Kumar, representing ECI, submitted that the commission has taken stern action in the matter from time to time against those violating the COVID-19 norms and has also issued guidelines. He said ECI is also ensuring strict adherence to guidelines framed on the subject.
Noting the submissions, the high court disposed of the petition. The Ministry of Home Affairs, in its reply filed in the petition, had earlier said that it had in March this year asked all state governments and union territories (UT) to ensure compliance with COVID-19 appropriate behaviour in all gatherings.
The MHA had said that it has made provisions in the guidelines issued to states and UTs under the Disaster Management Act 2005 for enforcement of COVID-19 appropriate behaviour and strict adherence to standard operating procedures (SOPs).
The petitioner had told the court that while announcing the elections in 2021, the ECI in its notification mandated that “every person shall wear a face mask during every election-related activity”, but the same was "flouted with impunity" by the political parties, their leaders and campaigners during the rallies, public meetings and roadshows conducted during the ongoing pandemic.
He, subsequently, moved two more applications, seeking directions to ECI to take action like imposing penalties and lodging FIRs against "star campaigners" and leaders of all political parties for allegedly violating COVID-19 norms during the assembly polls in West Bengal and for ensuring that masks are worn mandatorily by everyone involved in poll campaigns during the elections in various states and union territories.
Singh, in one of his applications, has also sought directions to EC to widely publicise the guidelines issued by it and the ministry. The plea had further contended that "the lackadaisical action of EC in implementing its guidelines and non-cancellation of permission given for roadshows and rallies is evident from the number of campaigners catching COVID".
"The Election Commission had guidelines for the conduct of general elections/bye-elections during COVID-19 published in August 2020, but failed to implement the same," Singh has said and sought prosecution of ECI officials "who failed to enforce their mandatory COVID guidelines".
The petitioner has claimed that there is an "indirect discrimination" against the general public as fines are collected from them for violating COVID-19 norms, but no action is taken against politicians.
(With PTI inputs)
