PIL in Delhi HC to Permit Jailed Politicians To Campaign For Upcoming Lok Sabha Elections

Election Campaigning Rights

A Public Interest Litigation (PIL) has been filed in the Delhi High Court, urging the Election Commission of India (ECI) to establish a mechanism ensuring that apprehended political figures can conduct campaign activities via video conferencing for the forthcoming Lok Sabha elections in 2024.

Who Filed the PIL?

The petition has been filed by Amarjeet Gupta, a final year law student.

Gupta also sought the Central Government to promptly inform the Election Commission of India about the arrest of any political leader or candidate.

The petitioner is dismayed by the timing of politicians’ arrests subsequent to the declaration of the model code of conduct by the ECI, particularly highlighting the case of Delhi Chief Minister Arvind Kejriwal, the national convener of the Aam Aadmi Party. He contends that such arrests deprive voters of their fundamental right to receive information under Article 19(1)(a) of the Constitution of India from these politicians, who serve as both spectators and listeners during election campaigns. Furthermore, the plea emphasizes that political party leaders are also denied their constitutionally guaranteed fundamental and legal right to campaign during elections.

Gupta mentions that he has sent a representation to the authorities, but has not received a response.

The petitioner further underscores that the voters in India, especially in Delhi, become uninformed due to the inability to learn about the objectives and ideologies of a national party when the leader of said political party is arrested while the model code of conduct is still in effect.

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