HC upholds EC decision to prohibit political ads on metro premises, trains during model code

The Delhi High Court has upheld the Election Commission's (EC) decision not to allow display of any political advertisement inside DMRC premises and on metro trains during the model code of conduct (MCC), saying the restriction was reasonable and in interest fair polls.

Justice Sanjeev Sachdeva termed as "laudable" the EC's rationale to ensure the public does not get an impression that the government was endorsing or supporting a political party by permitting its advertisements on properties owned by the state or Public Sector Undertakings.

"Keeping in view of the purpose for which the directions have been issued i.e., holding of a free, fair and transparent elections, I am of the view that the restrictions, as imposed by the respondent 1 (EC), are reasonable and do not violate any provision of the Constitution of India."
It further said,"In any event, the interest of the petitioner (ad agency) is purely commercial. If one were to balance equities, on the one side there is pure commercial interest of private individuals and on the other side is the general public interest of holding free, fair and transparent elections. The balance clearly tilts in favour of the general public interest."