High Court Tells Poll Body To Ensure No Use Of "Vilifying" Materials In Delhi Elections

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 DK 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.

Mr 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.

Dhrone Diwan, Kashish Dhawan and Arshia Jain, who appeared in person, claimed a message was relayed through voice calls that if votes were not cast to a particular political party, voters' freebies would be withdrawn.

On the prayer to postpone the elections, the court said such prayer could not be granted in the midst of polls as no such ground was available in the PIL.

"We thus dispose of the PIL taking note of the action taken by the ECI on the complaint of the petitioners as also the provision contained in the handbook issued by ECI with further hope and trust that appropriate action under law shall be taken not only on the complaint of the petitioners but also for ensuring that political parties and their candidates are checked not to use any vilifying material during election campaigns," the bench said.

The petition alleged spam calls were being motivated with the intent to disseminate hatred, bias, malicious and vilifying material in the public domain.

Material that was being disseminated created an opinion against other political parties which was enough to tarnish their image and to create public bias, it said.

"A voice call was received with a particular political party being named, which is made respondent herein (Aam Aadmi Party), and stated all the freebies offered by it would be withdrawn from February 11, 2025, that is the day when the newly-elected government of Delhi legislative Assembly would take its charge, if voters of Delhi wish to get freebies they should not vote for any other political party," the PIL said.

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