EG. COMMUNICATIONS PVT. Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) Petitioners, by this petition, seek quashing of letter dated 13.06.2019, issued by Respondent No. 1 the Election Commission of India, as also letter dated 26.08.2019 issued by Respondent No. 3 Delhi Metro Rail Corporation Ltd. Petitioners further seek a restraint on the respondents from interfering with the lawful business of the petitioners undertaken pursuant to their respective licence agreements.

(2.) Petitioners are companies/entities engaged in providing advertising spaces at various places. As per the petitioners, they had participated in the tender process for securing long-term licence for advertising rights, which are approximately for a period of 10 years. As per the petitioners, they had submitted their tenders taking into account the potential substantial earnings from political advertisements during the election period and considering that there are 4-5 elections in the span of 10 years, they had accordingly calculated and submitted their bids.

(3.) It is contended by the petitioners that the respondent No.1 - Election Commission of India has time and again clarified that there is no ban or prohibition on political parties from putting up their advertisement on commercially authorised sites. Reference is drawn to a Memorandum dated 15.10.2013, issued by respondent No.2, the Chief Electoral Officer.