NEW DELHI: The Delhi High Court on Wednesday directed the Election Commission to take strict measures against the use of malicious or defamatory campaign material that could disrupt the election environment.
The court’s ruling came while disposing of a PIL that accused the AAP of making excessive promotional calls to voters, allegedly spreading propaganda and fear regarding the withdrawal of welfare schemes. A division bench led by Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela took note of the EC’s response that it had already initiated an inquiry into the complaint.
The court emphasised that the EC bears the constitutional responsibility under Article 324 to ensure fair elections, which includes preventing the circulation of messages that could manipulate public opinion. The petition, filed by three lawyers, alleged that AAP was using automated calls to persuade voters by suggesting that if the party lost, welfare benefits would be discontinued.
One of the petitioners argued that these messages created undue pressure on voters, making them fear the loss of existing benefits if they chose another party.
The PIL also called for legal measures under the Information Technology Act to penalise spam calls used for propaganda. The petitioners also requested the postponement of elections to ensure a fair electoral process. However, the court rejected this demand.