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BJP moves SC against MP HC order restricting political rallies

Madhya Pradesh Bhartiya Janata Party leader Pradyumn Singh Tomar has approached the Supreme Court against the order of the Gwalior bench of Madhya Pradesh High Court which has restricted political rallies in the state. Tomar contends that the order is violative of orders passed by the ECI, centre and the Madhya Pradesh government.

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Published : Oct 23, 2020, 2:05 PM IST

New Delhi: Bhartiya Janata Party leader, Pradyumn Singh Tomar, has approached the Supreme court challenging the Madhya Pradesh High Court order which had barred physical election campaigns and allowed only virtual campaigns in view of Covid-19.

Pradyumn Singh Tomar will be contesting by-elections from Gwalior.

The HC had said that District Magistrates shall not grant permission to hold election campaigns by physical gathering unless it is proved that virtually it can not be possible to held. In case of permission is granted by DM, it also had to be approved by the Election Commission of India.

Tomar contends that the order is violative of orders passed by the ECI, centre and the Madhya Pradesh government. ECI had allowed gatherings and election rallies provided the covid 19 protocols are followed. Thereafter, Centre and state also had allowed political gatherings in places where elections are to be held provided SOP is followed.

"High Court has no jurisdiction to substitute the Guidelines issued by the Election Commission: Central government and the state government. The Superintendence, direction and control over the conduct of elections in exclusively within the domain of the Election Commission as held in Mohinder Singh gill vs The Chief Election Commissioner,(1978) 1 SCC 405 and could not have been substituted by the High Court," read the plea.

Also Read: Madhya Pradesh name calling duel rages on; Imarti Devi takes the I-word

New Delhi: Bhartiya Janata Party leader, Pradyumn Singh Tomar, has approached the Supreme court challenging the Madhya Pradesh High Court order which had barred physical election campaigns and allowed only virtual campaigns in view of Covid-19.

Pradyumn Singh Tomar will be contesting by-elections from Gwalior.

The HC had said that District Magistrates shall not grant permission to hold election campaigns by physical gathering unless it is proved that virtually it can not be possible to held. In case of permission is granted by DM, it also had to be approved by the Election Commission of India.

Tomar contends that the order is violative of orders passed by the ECI, centre and the Madhya Pradesh government. ECI had allowed gatherings and election rallies provided the covid 19 protocols are followed. Thereafter, Centre and state also had allowed political gatherings in places where elections are to be held provided SOP is followed.

"High Court has no jurisdiction to substitute the Guidelines issued by the Election Commission: Central government and the state government. The Superintendence, direction and control over the conduct of elections in exclusively within the domain of the Election Commission as held in Mohinder Singh gill vs The Chief Election Commissioner,(1978) 1 SCC 405 and could not have been substituted by the High Court," read the plea.

Also Read: Madhya Pradesh name calling duel rages on; Imarti Devi takes the I-word

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