Delhi HC asks Election Commission to respond on plea to debar candidates from poll campaigning on COVID norm violations

New Delhi: The Delhi High Court on Monday granted time to the Election Commission to file reply on a petition seeking to debar campaigners and candidates from campaigning in assembly elections for repeatedly violating the mandatory guidelines, including wearing masks, issued by the poll panel in view of the COVID-19 pandemic.

The EC submitted that the petition is now infructuous as it was regarding campaigning in the assembly elections in Assam, Kerala, Tamil Nadu, West Bengal and Puducherry which got over in April. A bench of Chief Justice D N Patel and Justice Jyoti Singh granted time to the EC to file its response to the petition and listed the matter for further hearing on October 18.

The court was hearing a petition by Vikram Singh, the former DGP of Uttar Pradesh and also the chairman of think tank Centre for Accountability and Systemic Change (CASC), contending that despite the orders and guidelines of the Centre and EC, "election campaigning is going on in full swing, without any regard to the COVID-19 regulations".

Advocate Virag Gupta, appearing for the petitioner, said the poll panel cannot say that the petition has become infructuous and his application is also pending in the matter.

Advocate Siddhant Kumar, representing the EC, said the petitioner was seeking fishing and roving enquiry as no elections were being held in Delhi where the plea has been filed. He further said the EC cannot supplant state government and it was only concerned with holding of free and fair elections.

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 (UTs) to ensure compliance of COVID-19 appropriate behaviour in all gatherings.

In the affidavit filed through central government standing counsel Anurag Ahluwalia, 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, the EC in its notification mandated that ?every person shall wear a face mask during every election related activity?, but the same were "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, through advocate Gaurav Pathak, seeking directions to EC to take action like imposing penalty 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 has further contended that "the lackadaisical action of EC in implementing its own 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 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 own mandatory COVID guidelines".

The assembly elections in Assam, Kerala, Tamil Nadu, West Bengal and Puducherry were held in various phases. The polls started on March 27 and concluded on April 29.

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.

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