“This message if heard by any prudent person who has rationale and logical intelligence quotient would be able to understand the biasness, hatred, reign of terror and bad opinion which are being spread by the AAM AADMI PARTY, respondent herein,” as stated in the petition. 

The Court emphasized that it is the ECI’s duty to regulate elections and prevent messages that could vitiate the electoral environment. It further stated that the ECI must ensure political parties refrain from using any material that could negatively impact the election process. 

Additionally, the Court directed that the ECI’s handbook on media and advertisements be followed. 

The petition sought directions against the Election Commission of India, Chief Electoral Officer of Delhi, the Telecom Regulatory Authority of India, and the Aam Aadmi Party (AAP). It urged the ECI to halt the spam calls and take strict action against AAP for allegedly spreading such messages in violation of the Model Code of Conduct. 

Furthermore, the petitioner requested directions to AAP to cease the dissemination of vilifying material in the public domain, arguing that such content could negatively influence voters. The petition claimed that the spam calls were intended to spread hatred, bias, and malicious propaganda. 

“It is creating fear in the minds of people that if they do not vote for AAP, they will lose access to freebies,” the petitioner contended, asserting that the calls undermine free and fair elections.

Advocate Sidhant Kumar, representing the ECI, informed the Court that the commission is actively addressing the issue and has already instructed the Chief Electoral Officer of Delhi to investigate and submit a report. The ECI also apprised the Court of its handbook, which outlines guidelines on political advertisements and the responsibilities of electoral officers in managing them.