Ban on political ad in Delhi metro during Model Code of Conduct valid: Court
The Delhi High Court has upheld the Election Commission rule that bars political in the Delhi metro while the Model Code of Conduct is in
The Delhi High Court has upheld the Election Commission rule that bars political in the Delhi metro while the Model Code of Conduct is in force. The court said the restriction applies only for a limited period and does not amount to a total ban on the business of. A bench of Justices V Kameswar Rao and Manmeet Pritam Singh Arora also held that the rule does not violate the constitutional right to freedom of speech and expression or the right to carry on business. The court was hearing pleas by companies that hold rights in Delhi Metro Rail Corporation properties.
Read Full Story The companies have contracts for inside and outside metro trains, as well as outside civil structures. They had challenged a January 2020 order by a single judge that had upheld DMRC's decision to ban political in metro stations and trains during the operation of the Model Code of Conduct. During the hearing, counsel for the companies referred to an Election Commission letter sent to DMRC in June 2019. It said, "No political shall be displayed/posted at the space provided on lease for commercial during the period of Model Code of Conduct." The letter added, "If there is any political in the provided space, the same shall be removed immediately on enforcement of the Model Code of Conduct." The companies argued that the Election Commission's direction violated constitutional provisions because, according to them, there was no similar ban on the use of bus queue shelters and other spaces for media campaigns by political parties and candidates during the period of the Model Code of Conduct.
In its June 19 order, the bench said, "There is no total restriction put on the appellants (companies) in carrying out their business. They are free to display that are not political in nature, even during operation of the MCC." The court added, "Ban on display of political, that too for a limited time, does not mean that the appellants have been restricted from displaying any. As such, the plea that there is a violation of Article 19(1)(a) (freedom of speech and expression) and (g) (right to practice any profession) of the Constitution, is unmerited." With this, the High Court has upheld the Election Commission's rule and the earlier single judge order, keeping political out of the Delhi Metro for the period the Model Code of Conduct remains in force.
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