‘Ensure political parties don’t use vilifying material in polls’
NEW DELHI: The Delhi High Court on Wednesday directed the Election Commission of India to ensure political parties and their candidates did not use any “vilifying” material during election campaigns.
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela passed the direction on a PIL alleging spam calls and voice messages were made to public by unknown numbers to vote a particular political party to power to get freebies.
The bench disposed of the plea taking note of the proposed action by the Election Commission of India (ECI) on the petitioners’ complaint.
The court said the state election officer, chief election officer and the district election officer were fully empowered and duty-bound to check such messages and advertising material being circulated by political parties and their candidates having the tendency to vilify the atmosphere in elections.
Advocate Sidhant Kumar, representing the ECI, said the commission took cognisance of the petitioners’ complaint and directed the chief election officer, Delhi to enquire into the allegations and submit a report.
He said ECI issued guidelines mandating that political advertisements, including voice calls, were certified.
Kumar said as and when the report of the chief election officer was received, appropriate action would be taken.
“We thus direct that based on the enquiry report to be submitted by the chief election officer, appropriate action which will be warranted under law be taken by ECI or any other authority under law to do so,” said the bench.
On legislative assembly elections, the bench said it was the primary duty of the ECI under Article 324 of the Constitution to ensure free and fair elections were held.
“It (ECI) has been vested with powers to take every step for ensuring free and fair elections while supervising the conduct of elections. It thus becomes the duty of the ECI to take proactive steps to check circulation of such messages which have the potential of vitiating the atmosphere,” it said.
The PIL was filed by three lawyers seeking action against disseminators of vilifying and malicious material.
In a PIL, petitioners Dhrone Diwan, Kashish Dhawan, and Arshia Jain alleged receiving voice calls warning that freebies would be withdrawn unless votes were cast for a particular party. The court rejected the plea to postpone elections, citing no grounds for delay. It acknowledged action by the Election Commission (ECI) and urged legal measures against vilifying material in campaigns.
