The Calcutta High Court issued an injunction restraining the Bharatiya Janata Party (BJP) from publishing advertisements that violate the election Model Code of Conduct (MCC) until June 4, the day the Lok Sabha election process ends.
The court also restrained the BJP from publishing advertisements mentioned by the TMC in its petition, which claimed unverified allegations against it and its workers.
No Publishment of Ads
A single bench of Justice Sabyasachi Bhattacharyya restrained the BJP from publishing advertisements in any form of media that violate the MCC until June 4 or until further notice.
The court observed that a perusal of the newspaper advertisements annexed by petitioner TMC indicated that these are in violation of the MCC.
Court Criticizes Election Commission
It also criticized the Election Commission (EC) for not addressing the complaints promptly, especially with most phases of the Lok Sabha elections already completed.
The counsel appearing for the TMC contended before the court that it is being prejudiced by some newspaper advertisements by the BJP, claiming violation of the MCC and media compendium issued by the EC. Annexing some advertisements by the BJP, the petitioner claimed that despite complaining, the EC did not take any steps and that only after filing this petition, the commission had issued notice on May 18.
The EC’s counsel submitted before the court that the commission has the power to look into the matter to ensure compliance with its advisories and MCC and has accordingly fixed a reply to the show cause notice based on the complaint on May 21. The poll panel’s counsel also referred to provisions in the Constitution debarring the intervention of courts in matters pertaining to the conduct of elections.
Stating that the court is not satisfied that any of the resolutions referred to by the commission “are resolutions in the real sense of the term,” Justice Bhattacharyya said, “the said matter is an exercise by the ECI of passing the buck regarding the complaint made by the petitioner.”
He said it is well-settled by the Supreme Court and various high courts on several occasions that the court cannot interdict in an election process so as to throw a spanner in the wheels of the election. He said that the purpose of the court can at best be to facilitate the process of election and not to halt the same or prevent the smooth process.
Ensuring Free & Fair Elections
The court said that in the present petition, however, the petitioner seeks to ensure free and fair elections by preventing the publication of advertisements in violation of the MCC. The court noted that the present challenge also involves “the rights of the petitioner and its functionaries under Articles 21 and 19 of the Constitution to practice, preach, profess, and propagate their political philosophies, as well as to have a right to a free and fair election process.”
Justice Bhattacharyya said the petitioner is entitled under Article 14 of the Constitution to seek that the court ensures “fair play” in the electoral process and to protect the rights of any and every political party in that regard.
