The Delhi High Court has issued directives to the Election Commission of India (ECI) to ensure that political parties and their candidates refrain from using vilifying material in their election campaigns. The decision was made by a bench consisting of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela in response to a Public Interest Litigation (PIL) alleging the misuse of anonymous spam calls and voice messages intended to influence voters.
The PIL, filed by three lawyers, claimed that such communications were being used to unfairly sway the electorate by threatening the withdrawal of freebies if votes were cast for parties other than the one specified in the messages. The lawyers, Dhrone Diwan, Kashish Dhawan, and Arshia Jain, who represented themselves, argued that these messages were designed to disseminate hatred, bias, and vilification against competing political parties.
In court, Advocate Sidhant Kumar, representing the ECI, acknowledged the commission’s cognizance of the complaint and informed that an enquiry had been directed to the Chief Election Officer of Delhi. He assured that a report would be submitted and, based on its findings, appropriate action would be taken.
The court emphasized the role of state and district election officers in monitoring and controlling the dissemination of such material. It stressed that the ECI, under Article 324 of the Constitution, holds the primary duty to ensure that elections are free and fair, including taking proactive steps to prevent any activity that might vitiate the electoral atmosphere.
The bench highlighted the potential of such messages to tarnish the image of political parties and create public bias, which could threaten the integrity of the electoral process. The judges disposed of the PIL while taking note of the actions already taken by the ECI and expressed hope and trust that further appropriate measures would be implemented not only in response to the petitioners’ complaint but also as a general practice during elections.
