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The Delhi High Court yesterday was hearing a plea seeking directions to the Election Commission of India  to debar campaigners and candidates from campaigning in the upcoming assembly elections for repeatedly violating the mandatory guidelines issued by the poll panel in view of the COVID-19 pandemic.

The division bench of Chief Justice DN Patel and Justice Jyoti Singh had earlier issued notice to ECI and Centre seeking their response on the plea.

Advocate Siddhant Kumar appearing for ECI submitted before the Court that the petition had become infructuous since the elections were over.

Kumar further argued that the Court had no territorial jurisdiction since the petition is concerned with elections  held in Tamil Nadu, West Bengal , and three more states.

Kumar further submitted that, “Merely because ECI office is in Delhi does not mean the Court had jurisdiction.”

It was pointed that the petitioner was also seeking directions to District Disaster Management Authorities situated outside Delhi.

Advocate Virag Gupta appearing for Petitioner however submitted that just because elections were over, the petition had not become infructuous.

Gupta referring to oral observations made by the Madras High Court said that “the Court had observed that Election Commission is singularly responsible for COVID second wave and that it should be prosecuted for Murder.”

Kumar objecting to such remarks against ECI said,
“This is outrageous. How can he say all this before a Constitutional Authority? The Supreme Court itself has said that such extreme remarks should not be made. This is slander.”

The Court then asked Gupta to refrain from such submissions.

The Court has listed the  matter for next hearing on October 18 and directed parties to file their respective submissions before the next date of hearing.

The petition filed by Dr Vikram Singh through Advocate Gaurav Pathak has highlighted instances wherein campaigners and their supporters are not wearing masks while campaigning for the elections, and photos and videos showing the same are replete across electronic and print media and on many occasions shared by the campaigners themselves.

The petitioner has submitted that every person has the fundamental right to life, which is being impacted by political leaders, campaigners and candidates not wearing the masks during the election process.

The petitioner has said that once the poll body has mandated compulsory wearing of masks, it is duty bound to ensure strict compliance of the same.

 

Case Title: Dr Vikram Singh vs UOI