Election Commission moves SC against MP HC order retraining physical campaigning for polls

Oct24,2020 #Election Commission
ELECTION VOTING MACHINE LAW INSIDER IN

By Diksha-

The Election Commission (EC) has made an application in the Supreme Court challenging the order of the Madhya Pradesh High Court restraining physical gatherings of political parties for assembly bye-poll elections in the State.

Although the poll panel of the EC has power to issue guidelines to conduct the polls, the Gwalior Bench of the M.P. High Court had issued stringent regulations to curb physical gatherings in wake of the pandemic in the country.

According to the HC, the political parties have to get permission from the District Collector in the State to hold physical gatherings. They also have to get a certificate from the poll panel stating that virtual campaigning is not possible.

Further, the political parties are bound to deposit money for procurement of masks and sanitizers for safety of the people participating in the campaigning.

The EC has submitted that its poll panel is entitled to regulate the conduct of polls and Article 329 of the Constitution expressly bars any judicial interference on its operations.

According to the guidelines of the Government, gathering of 100 people is allowed with precautionary measures. Also, the panel had already formulated the regulations for conduct of the campaigning on September 25.

The bye-elections in the State are being conducted due to vacancy of 28 seats in the State Assembly.

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