New Delhi: The Supreme Court on Monday allowed conducting physical election rallies in Madhya Pradesh ahead of the by-polls. SC  stayed the Madhya Pradesh High Court order asking political parties to conduct their campaign for the November 3 assembly by-polls virtually instead of holding physical rallies due to COVID-19.

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Ahead of the coming by-elections in 28 seats, the Gwalior Bench of the High Court last week asked that magistrates of the districts under its jurisdiction not give permission to any candidate or political party for public gatherings unless they can prove that a virtual election campaign is not possible.

'Election Commission Needs To Take Initiative': SC

The top court today said it is the Election Commission that needs to look into these issues. "You take initiative, set right the situation. If there is any illegality going on, it's for you to ask the authority to take action. We will say whatever illegality has been flagged by the high court, you will take cognizance of that. You must take responsibility," a bench headed by Justice AM Khanwilkar said.

The Supreme Court also pulled up political parties for what it said was creating a situation that compelled the high court to intervene. "Had political parties maintained the protocol, this situation wouldn't have arisen," the top court said.

The top court was hearing pleas of the ECI and Madhya Pradesh Energy minister Pradyuman Singh Tomar challenging the high court's order of October 20.

The top court also asked senior advocate Mukul Rohatgi, appearing for Tomar, to make a representation to the ECI for loss of time in electioneering due to HC's order.

The poll panel has assailed the HC order, saying the conduct and management of elections are overseen by it under the Constitution and Article 329 of the Constitution puts an express bar on judicial interference in midst of the electoral process.

The plea said the poll panel's COVID-19 guidelines on election rallies or meetings were formulated on September 25 in the exercise of its powers.

As per guidelines and the SOP of the state government, political gatherings of over 100 people with safety measures can be allowed, it said.

Tomar is contesting as a BJP candidate from Gwalior constituency for the by-poll in Madhya Pradesh. Twenty-eight seats of Madhya Pradesh will be up for by-election in next month. A chunk of these seats fell vacant as Jyotiraditya Scindia switched camp from the Congress to the BJP with his loyalists in March.