On Monday, the High Court suspended an Oct. 20 Madhya Pradesh High Court Gwalior court order restricting physical assembly during the election campaign of candidates in by-elections to 28 seats.
The order was produced in an appeal presented by the Electoral Commission (EC) that said that the order of the HC paralyzed the electoral process with a few days until the November 3 elections. Covid-19 protocol at the election rallies that led to the order of the higher court.
The HC had ordered that all campaigns be carried out virtually and the district magistrate was to give permission for the physical assembly only if virtual mode was impossible. Any such permit from a DM had to have CE approval and the candidate was asked to deposit enough money to buy twice as many masks and disinfectant for those attending the event.
A three-judge Supreme Court bench headed by Judge AM Khanwilkar, while granting the stay, told the EC that had it taken a proactive role in enforcing the Covid SOPs of social distancing, the HC would not have interfered in the case.
Also read: MP High Court frowns at large political demonstrations amid Covid-19 pandemic
“You should have stepped in at the appropriate level and asked the government to take action. In public meetings, you should have ensured that SOPs were followed and candidates who broke the law should have been notified. We want you to be proactive to better monitor the elections. If the parties kept the protocol, this situation would not have arisen ”, said the highest court.
The appeals were filed by the EC and two BJP candidates, Pradyuman Tomar and Munnalal Goyal. The BJP candidates appealed to the Court to allow the EC to consider their application by granting additional time to campaign in view of the 7 days lost to campaign.
The bank let EC take a call on any such representation that is promoted by candidates or political parties.
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