MCC Violation: Calcutta HC Upholds Order Restricting BJP Ads During Elections

A division bench of the Calcutta High Court declined to intervene in a single-bench order that directed the BJP to refrain from publishing any advertisement violating the model code of conduct during the Lok Sabha election process.

Emphasis on Adherence to “Laxman Rekha”

Stressing the importance of adhering to a “laxman rekha,” the division bench, presided over by Chief Justice T S Sivagnanam, emphasized that political parties should refrain from personal attacks. The division bench upheld Justice Sabyasachi Bhattacharyya’s May 20 order and suggested that the BJP seek a review or recall of the order from the single bench.

BJP’s Appeal and Argument

The BJP, in its appeal, argued that the single bench issued the order without granting it a hearing.

The saffron party’s legal counsel also cited the Constitution, which designates the Election Commission as the appropriate authority for resolving disputes during the electoral process.

Court’s Injunction

On May 20, the high court issued an injunction, prohibiting the BJP from publishing advertisements that violate the Model Code of Conduct (MCC) until June 4, the end of the Lok Sabha election process. Additionally, the court restrained the BJP from publishing advertisements mentioned by the TMC in its petition, alleging unverified allegations against the party and its workers.

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