Apex court stays the operation of HC order to restrain MP physical Polls

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

The Supreme Court of India stayed order of Madhya Pradesh HC order putting restrictions on physical gatherings of political parties for campaign in polls. Supreme Court bench consisting Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna passed a stay order in pleas filed by BJP leader Pradyuman Singh Tomar , Munna Lal Goyal & ECI against the order of MP High Court. The court also said that it depends on the parties to conduct the election in free & fair manner.

Senior Advocate Rakesh Dwiwedi for ECI said that the order passed is infringement of freedom of ECI which interferes and paralyzes the election.

The apex court said that “We stay the operation of the impugned judgment and order but 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”.

Swikritimala Dubey
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