[Lok Sabha Elections] Calcutta High Court Restrains BJP From Running Advertisements Against TMC Which Violated Model Code Of Conduct, Slams ECI For Inaction

The Calcutta High Court on Monday restrained the Bharatiya Janata Party (BJP) from running advertisements against the Trinamool Congress (TMC) which were allegedly slanderous and violated the model code of conduct (MCC) which has been imposed due to the ongoing Lok Sabha Elections.

A single bench of Justice Sabyasachi Bhattacharyya upon going through the advertisements noted that they were apparently violative of the MCC as well as the guidelines set by the Press Council of India. The Court also slammed the Election Commission of India (ECI) for its inaction on the matter till the present writ petition was filed. The Court held:

Remedy sought before the writ court cannot be granted by the ECI. The prayer is to prevent the ruling party of the country from making advertisements that violate the petitioner's rights. A perusal of the advertisements reveals that they are violative of the MCC. The allegations are not a news item nor do they refer to any source for making the claims. The MCC prohibits unverified allegations or distortion. during elections, the print media shall refrain from publishing any unverified information against any candidate or political party either directly or impliedly as per guidelines issued by the Press Council of India.

In form of advertisement, the allegations are derogatory and intended to insult rivals and levelling personal attacks. The advertising being violative of the MCC and rights of the petitioner the respondent is restrained from publishing the same till further orders. A resolution of complaint by ECI means nothing to the court and due to the failure of the ECI to act on the complaints of the petitioner, this court is compelled to pass an injunction order, it added.

Counsel appearing for the petitioners submitted that the advertisements being run by the respondents were apparently slanderous and that they were a direct violation of the MCC which prohibits political parties from running advertisements along the lines of caste, creed or religion.

It was stated that although a complaint had been made before the Election Commission of India (ECI) there was no action taken, till a resolution was taken out after filing of the writ petition. 

Counsel argued that the advertisements directly affected the right of the petitioner, who was a political party, and its functionaries to a free and fair election, and also violated the right of the electorate by campaigning on grounds which had been prohibited under the MCC as well as in the guidelines issued by the Press Council of India.

Counsel for the ECI stated that the matter was sub judice before them and that a verdict of court may influence the outcome of those proceedings. It was stated that the only remedy available to the petitioners was in the form of an election petition and that no such prayers for an injunction could be entertained at the present stage. 

Counsel for the newspaper argued that similar advertisements were run on other papers as well, who were not added as parties and thus the petition suffered from non-joinder of essential parties. It was stated that the newspaper only needed to ensure its revenue was maintained through the publication of advertisements and hence it did not violate any laws in the present case. 

In weighing the contentions of the parties, the Court noted that while a court cannot interfere in the election process in a way that may interdict it, in the present case the petitioners sought to facilitate the election process instead of stopping it. It was stated that due to the 'gross inaction' of the ECI in paying heed to the petitioner's initial complaint, the remedy sought by the petitioner before the writ court could not be granted by the ECI which only had the power to censure those who violated the MCC.

Accordingly, it directed that the respondents shall be restrained from publishing the impugned advertisements till the conclusion of the elections on 4th June or until further orders.

Case: All India Trinamool Congress v ECI & Ors

Case No: WPA/14161/2024

Click here to read order