BJP leader moves Supreme Court to challenge Madhya Pradesh High Court order directing virtual election campaign for by-elections

BJP leader Pradyumn Singh Tomar has challenged the October 20 order of the Madhya Pradesh High Court which directed that political parties shall conduct election campaigns by virtual mode, without physical gatherings (Pradyumn Singh Tomar v. Ashish Pratap Singh & ors)..Tomar, who is contesting by-elections from Gwalior, seeks a stay on the order, contending that it violates his right to conduct election campaigns through physical gatherings as permitted by the Election Commission of India (ECI)..The High Court had passed orders in a PIL highlighting that various political parties were organizing physical campaigning, which was increasing the spread of COVID-19. It was contended in the plea that State authorities were not taking any action against such political parties and their leaders.In the impugned order, the High Ciurt directed that political parties shall conduct the election campaign by virtual mode and not by physical gathering. It further restrained the District Magistrates of all districts from issuing any permission to conduct physical campaigning unless it could be proved that conduct of virtual election campaign is not possible.The High Court had further directed that the permission of the District Magistrate for physical election campaign shall be effective only if the Election Commission of India approves the same in writing..Right to health takes precedence over right to campaigning: MP HC directs FIR against Kamal Nath, Narendra Tomar for COVID-19 protocol breach.As a condition for such gathering, political parties were required to deposit enough money with District Magistrate to purchase double the number of masks and sanitizers required for protecting the number of persons expected at the gathering..In his SLP filed through Advocate Astha Sharma, Tomar states that the High Court order is in complete disregard of orders passed by the Election Commission of India, the Central government and the State of Madhya Pradesh.“The restraint on District Magistrates in issuing permission for public gathering and the condition to deposit double the money for masks and sanitizers is completely without jurisdiction,” the plea says..It goes on to state,."High Court has no jurisdiction to substitute the Guidelines issued by the Election Commission; Central Government and the State Government. The superintendence, direction and control over the conduct of elections in exclusively within the domain of the Election Commission as held in Mohinder Singh Gill vs. The Chief Election Commissioner, (1978) 1 SCC 405 and could not have been substituted by the High Court."SLP filed in Supreme Court.The genesis of the case lies in the press note issued by the Election Commission of India on September 25 which declared the conduct of by-elections in various states, including the by-election for 28 seats in the Madhya Pradesh Legislative Assembly. In Clause 5 of the said press note, the ECI, in exercise of its power under Article 324 of Constitution of India, formulated COVID-19 guidelines to be followed during the conduct of these by-elections.In Clause 13(3) of the guidelines, ECI specifically permitted “public gatherings” and “election rallies”, subject to COVID-19 guidelines being followed..Thereafter, on October 8, the Centre permitted political gatherings beyond the existing limit of 100 persons in those assembly areas where elections are being held, subject to the condition specified therein. It was further directed that the detailed Standard Operating Procedure (SOP) shall be issued by the respective state governments. .Subsequently, the state government allowed public gatherings, subject to restrictions. The plea avers that where the COVID-19 protocol was breached, the State authorities took action as per law and registered FIRs against violators..On the basis of these grounds, the petitioner has sought to appeal the High Court order. By way of interim relief, he seeks a stay on the October 20 order and further proceedings in the matter before the High Court..In its order, the High Court had also directed the District Magistrates of Datia and Gwalior to ensure that FIRs are registered against former Chief Minister Kamal Nath and Union Minister Narendra Singh Tomar for alleged violation of COVID-19 norms during election campaigns.