The Delhi High Court has upheld the Election Commission rules not allowing political advertisements in the Delhi Metro when the Model Code of Conduct (MCC) is in force.

A bench of Justices V Kameswar Rao and Manmeet Pritam Singh Arora said ban on political ads for a limited time does not amount to “total restriction” on carrying out business, nor does it violate freedom of speech under Article 19 (1).

The bench was hearing a plea by a group of companies with advertising rights in the Delhi Metro Rail Corporation (DMRC), including contracts for advertising inside and outside trains, and outside civil structures.

The petition challenged the January 2020 order of a single judge which upheld DMRC banning political advertisements from being displayed in metro stations and trains while the MCC was in force.

Counsel for the companies pointed out that the Election Commission of India had issued a letter to DMRC in June 2019 stating, “No political advertisement shall be displayed/posted at the space provided on lease for commercial advertisement during the period of Model Code of Conduct.

“If there is any political advertisement in the provided space, the same shall be removed immediately on enforcement of the Model Code of Conduct,” it said.

The counsel argued that the EC’s direction was violative of the constitutional provisions as “there was no ban on the use of bus queue shelters, etc., for media campaigns by political parties and candidates during the operation of the MCC”.

In an order dated June 19, the bench said, “There is no total restriction put on the appellants (companies) in carrying out their business. They are free to display advertisements that are not political in nature, even during operation of the MCC.”  “Ban on display of political advertisements, that too for a limited time, does not mean that the appellants have been restricted from displaying any advertisements.