SC stays MP HC order asking parties to campaign virtually

The Supreme Court on Monday stayed a Madhya Pradesh High Court order which restricted candidates and political parties to virtually hold poll campaigning during the Assembly by-election for 28 seats in view of the COVID-19 pandemic. The apex court also asked the Election Commission of India (ECI) to take cognisance of all issues raised in petitions before the High Court and take an appropriate decision in regard to the political rallies as per law and keeping in mind COVID guidelines.

A bench headed by Justice A M Khanwilkar was hearing pleas of ECI and MP Energy Minister Prdyuman Singh Tomar  challenging the high court’s order. Tomar, contesting from Gwalior, had contended that the October 20 order violates the right to organise election campaigns through physical gatherings as permitted bye-election rules and sought a stay on it. The Election Commission has assailed the HC order, saying the conduct and management of elections are overseen by it under the Constitution and Article 329 of the Constitution puts an express bar on judicial interference in midst of electoral process.

The plea said the poll panel''s COVID-19 guidelines on election rallies or meetings were formulated on September 25 in exercise of its powers.As per guidelines and the SOP of the state government, political gatherings of over 100 people with safety measures can be allowed, it said. Bypoll for 28 assembly seats in the state will be held on November 3.