On October 20, 2020, the Madhya Pradesh High court after observing the situation of the current pandemic had directed all the district magistrate to conduct virtual campaigning instead of physical gatherings and also provided that the district magistrates have the authority to take up the decisions to conduct physical gatherings where the satisfied virtual campaigning may not possible. A Division Bench of Justices Sheel Nagu and Rajeev Kumar Shrivastava directed all the district magistrates to hold up all the physical campaigns and it should only be approved by the Election Commission of India, if necessary.
BJP candidate Pradyuman Singh Tomar, who was contesting in the by-polls election from Gwalior challenged the above court order and moved the Supreme Court to get a notable decision in the midst of the political strategy. While ECI expressed its concern over the interference of judiciaries in the ongoing electoral process, it implied that the election process comes under the constitution and article 329 of the constitution. MR. Tomar intervene he order of the high court through advocate Astha Sharma contending the interim order stating that it’s a violation of the rights to conduct the election by physical gatherings which are being permittable by the election Commission od India, central government, and state govt of MP
Therefore, A bench of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna of the Supreme Court observed the 3 separate pleas, by ECI & BJP Leader Pradyumn Singh Tomar and Munna Lal Goyal on Monday and put a stay order to the Madhya Pradesh High Court’ order imposing conditions in conducting physical gatherings of political parties for campaigning in assembly by-polls.
"We stay the operation of the impugned judgment and order but the direct election commission to consider the issues referred to in the impugned order and proceed with the matter in accordance with the law. We are not expressing anything with regard to the merits of the case or any processes to be adopted by the ECI in that regard. All contentions are left open," the bench observed.
