BHOPAL: Madhya Pradesh high court on Wednesday ordered district magistrates in
Gwalior and Datia to ensure registration of FIR against union minister
Narendra Singh Tomar and former chief minister
Kamal Nath for the alleged violation of Covid-19 protocols.
Advocate general
Purshendra Kaurav has been asked to report compliance on the matter on October 23, the next date for hearing.
While issuing this order, a division bench at Gwalior has also restrained district magistrates of all nine districts falling within the territorial jurisdiction of the court from giving permission to any candidate/political party for holding physical congregations of any number of people unless the political party applying for such a congregation is able to satisfy the District Magistrate concerned that conduction of virtual election campaign is not possible and the District Magistrate passes speaking order recording reasons of being satisfied of the inability of candidate/political parties to conduct virtual campaigning.
“The decision of the District Magistrate permitting any political party to conduct physical congregation shall become effective only after the
Election Commission of India approves the same in writing,” the court ruled.
Further, “The holding of physical congregation even if permitted by District Magistrate and Election Commission of India, can take place only after the political party/candidate intending to hold a congregation deposits money with the District Magistrate which is sufficient to purchase double the number of masks and sanitizers required for protecting and sanitizing the number of persons expected in the congregation and also when candidate files an undertaking on affidavit that he shall be personally liable to distribute masks and sanitizers to all the members of the congregation before the meeting/congregation starts”.
In the Covid-19 protocol issued by the Election Commission of India, suggestions have been made without making it mandatory for political parties to conduct virtual election campaigns to avoid physical congregations.
The Court observed that Virtual election campaign with the aid of electronic means is certainly more expensive than holding a physical meeting but in the extraordinary circumstances of ongoing Covid-19 pandemic which is at its peak in our country it is time for the candidates to realize and adopt extraordinary means to conduct election campaign by virtual mode.
“This Court does not see any other mode more effective to avoid physical congregation to prevent further spread of Covid-19 infection and also allowing the candidates in the election campaign to exercise their right of spreading information and expression,” the order reads.