Delhi HC asks EC to ensure parties don’t use ‘vilifying’ material in polls

The Delhi High Court on Wednesday directed the Election Commission of India (ECI) to ensure that political parties and their candidates refrain from using "vilifying" material during election campaigns.

A Bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela issued the directive while disposing of a Public Interest Litigation (PIL) that alleged voters were receiving spam calls and voice messages from unknown numbers, urging them to vote for a particular party in exchange for freebies.

The court noted the ECI's response and observed that “the state election officer, chief election officer, and district election officer are fully empowered and duty-bound to check such messages and advertising material circulated by political parties and their candidates, which have the potential to vilify the election atmosphere.”

Advocate Sidhant Kumar, representing the ECI, informed the court that the commission had already taken cognisance of the complaint. He also stated that the Chief Election Officer of Delhi had been directed to conduct an inquiry and submit a report. Additionally, Kumar mentioned that ECI guidelines mandate prior certification for political advertisements, including voice calls.

“We direct that based on the inquiry report submitted by the Chief Election Officer, appropriate action be taken as required under the law by the ECI or any other relevant authority,” the Bench stated.

Emphasising the ECI’s constitutional duty under Article 324 to ensure free and fair elections, the court remarked, “The ECI is vested with powers to take all necessary steps to supervise elections and maintain a fair process. It is, therefore, the duty of the ECI to proactively check the circulation of such messages that could vitiate the electoral atmosphere.”

The PIL claimed that voice calls were being used to spread “hatred, bias, and malicious material” during the campaign. “We dispose of the PIL, taking note of the action already taken by the ECI on the petitioners' complaint. We trust that appropriate action will be taken under the law, not only in response to this complaint but also to ensure that political parties and their candidates do not use vilifying material during election campaigns,” the Bench concluded.