The bench left it to the EC to ask for any other representation from candidates or political parties to be transferred.

Key points: 

1. The order was based on an appeal lodged by the Election Commission (EC).
2. At the required time, you should have interfered and urged the government to take action.
3. The EC and two BJP candidates, Pradyuman Tomar and Munnalal Goyal, have lodged appeals.

On Monday, the Supreme Court upheld an order from the Madhya Pradesh high court’s Gwalior bench on October 20 limiting physical assembly during election campaigns by candidates to 28 seats in bye-elections.

Appeal by Election Commission:

The order was based on an appeal lodged by the Election Commission (EC), which argued that the HC order had paralyzed the electoral process, with just a few days left before the election on November 3.

But at election rallies that led to the high court decision, the supreme court even pulled the EC for not playing a constructive part in upholding the Covid-19 protocol.

The HC ordered all campaigns to be performed electronically, and only if the virtual mode was impractical would the district magistrate allow permission for physical gathering.

Any such permission from a DM was to have the consent of the EC, and the candidate was asked to deposit money necessary for those attending the event to buy twice the amount of masks and sanitizer.

Although granting a stay, a three-judge Supreme Court bench led by Justice AM Khanwilkar advised the EC that the HC would not have intervened in the matter had it taken a constructive role in upholding the Covid SOPs of social distancing.

As the Top Court Stated: 

At the required time, you should have interfered and urged the government to take action. You should have ensured the SOP was observed at public hearings and warning should have been given to many candidates who were deemed to be in violation.

We would like you to be more involved in supervising elections. This condition would not have occurred if parties maintained protocol, the top court said.

BJP candidates and EC appealed:

The EC and two BJP candidates, Pradyuman Tomar and Munnalal Goyal, have lodged appeals. The BJP candidates appealed to the supreme court to order the EC, in view of the seven days wasted in the campaign, to consider their plea to give additional time for campaigning.

The bench left it to the EC to ask for any other representation from candidates or political parties to be transferred.