Supreme Court stays Madhya Pradesh HC order directing virtual campaigning in by-elections, asks Election Commission to take charge of issues

The Supreme Court today stayed the Madhya Pradesh High Court order directing virtual campaigning for by-elections in the state (Election Commission of India v. Ashish Pratap Singh & Ors)..The Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna directed the Election Commission of India to consider all the issues raised before the High Court and take action in accordance with law. .The Court was hearing two petitions filed by BJP leader Pradhuman Singh Tomar and the Election Commission of India (ECI) challenging the October 20 order of the Madhya Pradesh High Court directing virtual mode of campaigning for the upcoming by-elections in the state. .BJP leader moves Supreme Court to challenge Madhya Pradesh High Court order directing virtual election campaign for by-elections.Today, the Bench stated in its order,."We stay the operation of the High Court order of October 20 and 23. We direct ECI to take cognizance of issues raised in the petition before the High Court. All contentions are left open. It will be open to parties to invite attention of ECI in respect of issues arising. List the matter after 6 weeks."Supreme Court.Senior Advocate Rakesh Dwivedi along with Advocate Amit Sharma appearing for ECI, argued that the High Court order had "paralyzed" the election process in the state..The Court observed that had the ECI been more proactive, the High Court would not have interfered in the matter. It observed,"Your role as Election Commission is wider. You should have informed the authorities well. Public meetings need not be regulated, but see that the protocols are followed. Only you can ensure free and fair elections. High Court cannot take a call here. You need to set right the situation and check for illegalities and ask authorities to take action. We will say that you will take cognizance of all issues before High Court and take responsibility.".Senior Advocate Mukul Rohatgi, appearing for Tomar, argued that with five days left for the by-elections, there was a need to increase the voting hour by three to four hours.However, the Court refused to record this. It stated that it would be open for parties to make representations before the ECI. .Tomar, who is contesting by-elections from Gwalior, sought a stay on the High Court order, contending that it violated his right to conduct election campaigns through physical gatherings as permitted by the ECI..In its plea, ECI has stated that the High Court order interferes with the poll process, and that holding elections is within its domain..Madhya Pradesh HC order on virtual campaigning will derail by-elections in the state, Election Commission moves Supreme Court.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 Court directed that political parties shall conduct election campaigns 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 the conduct of virtual campaigns was 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 ECI approves the same in writing..In his SLP filed through Advocate Astha Sharma, Tomar states that the High Court order is in complete disregard of orders passed by the ECI, 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..Right to health takes precedence over right to campaigning: MP HC directs FIR against Kamal Nath, Narendra Tomar for COVID-19 protocol breach.The Election Commission had stated that the High Court order would affect the poll process and the level playing field for candidates.It is also submitted that guidelines for conducting polls during the COVID-19 pandemic are already in place..The genesis of the case lies in the press note issued by the ECI 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.