Election Commission's Plenary Powers Under Article 324 Prevail Over Commercial Interests: Delhi High Court Upholds Ban on Political Advertisements in Metro During Model Code of Conduct

1. Case Snapshot

Case Name: M/S Eg Communications Pvt Ltd & Ors vs Election Commission Of India & Ors

Citation: LPA 16/2020

High Court: High Court of Delhi

Bench: Hon'ble Mr. Justice V. Kameswar Rao and Hon'ble Ms. Justice Manmeet Pritam Singh Arora

Date of Judgment: 19th June, 2026

Area of Law: Constitutional Law, Election Law, Contract Law, Model Code of Conduct, Fundamental Rights

2. Judgment in Brief

The Delhi High Court dismissed an intra-court appeal filed by advertising agencies challenging the Election Commission of India's direction to Delhi Metro Rail Corporation (DMRC) to insert a clause in license agreements prohibiting display of political advertisements during the period of Model Code of Conduct (MCC). The appellants, who had secured long-term advertising licenses for metro trains and stations, argued that the ban violated their fundamental rights under Articles 14, 19(1)(a), and 19(1)(g) of the Constitution. The Court held that the Election Commission's instructions issued under Article 324 have the force of law and are binding on all concerned. The Court found the restriction to be reasonable, temporary, and in furtherance of the larger public interest of ensuring free, fair, and transparent elections. The Court also rejected the argument of discrimination, noting that metro stations/trains are distinct from bus queue shelters as they are exclusively identified with the government, and that political advertisements in metro could create an impression of government endorsement.

3. Relevant Facts

Background of the Contracts

• The appellants are companies registered under the Companies Act, 1956.

• They secured long-term advertising license agreements with DMRC (Respondent No. 3) for advertising rights on metro trains on various lines, for different types of advertisements (inside trains, outside trains, outside civil structures, etc.).

• The license agreements were for a period of 10 years, with the appellants entering into agreements on various dates between 2013 and 2019.

• The appellants claimed that they had structured their bids taking into account potential substantial earnings from political advertisements during elections (expecting 4-5 elections in 10 years).

Election Commission's Instructions

• On 07.10.2008, the Election Commission of India revised guidelines pertaining to prevention of defacement of property and campaign-related items.

• On 29.12.2015, the Election Commission banned the use of public/civil structures owned by Public Sector Undertakings (PSUs) for political advertisements during the period of MCC.

• The instruction stated that PSUs may be instructed to add a clause in their commercial agreements prohibiting display of political advertisements during MCC, except on main highways and main roads.

Initial Clarifications

• DMRC, vide memorandum dated 15.10.2013, clarified that while the Delhi Prevention of Defacement Act prohibits defacement of public or private property, there is no ban on political pa

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