The Aryavarth Express
Agency (Calcutta): The Calcutta High Court issued an injunction on Monday, restraining the BJP from publishing advertisements that violate the election Model Code of Conduct (MCC) until June 4, the conclusion of the Lok Sabha election process.
Justice Sabyasachi Bhattacharyya, presiding over a single bench, also restrained the BJP from publishing specific advertisements that the Trinamool Congress (TMC) claimed contained unverified allegations against its members. The court’s injunction applies to all forms of media and will remain in effect until June 4 or until further notice.
The court noted that the newspaper advertisements annexed by the petitioner, the TMC, appeared to violate the MCC. It also criticized the Election Commission (EC) for not addressing the complaints promptly, especially considering that most phases of the Lok Sabha elections have already been completed.
The TMC’s counsel argued that the party was being prejudiced by certain newspaper advertisements by the BJP, which allegedly violated the MCC and media compendium issued by the EC. Despite the TMC’s complaints, the EC only issued a notice on May 18 after the petition was filed.
The EC’s counsel acknowledged that the commission has the authority to ensure compliance with its advisories and the MCC, and has scheduled a response to the show cause notice based on the complaint for May 21. The counsel also referenced constitutional provisions that bar court intervention in matters related to the conduct of elections.
However, Justice Bhattacharyya expressed dissatisfaction with the resolutions referred to by the commission, describing them as an “exercise by the ECI of passing the buck regarding the complaint made by the petitioner.”
The judge emphasized that the court’s role is to facilitate the election process, not to obstruct it, stating that the purpose of the court can at best be to facilitate the process of election and not to halt the same or prevent its smooth conduct.
Justice Bhattacharyya noted that the TMC’s petition seeks to ensure free and fair elections by preventing the publication of advertisements in violation of the MCC. He highlighted that the case involves the rights of the petitioner and its members under Articles 21 and 19 of the Constitution, which guarantee the right to practice, preach, profess, and propagate their political philosophies, as well as the right to a free and fair election process.
The judge concluded that the petitioner is entitled under Article 14 of the Constitution to seek the court’s intervention to ensure “fair play” in the electoral process and to protect the rights of all political parties in this regard.