The Calcutta High Court on Monday reprimanded the Election Commission of India (ECI) for failing to address complaints against the BJP over newspaper advertisements allegedly violating the model code of conduct (MCC). The court has restrained the BJP from publishing further such advertisements.
Justice Sabyasachi Bhattacharyya’s bench expressed surprise at the ECI’s lack of resolution regarding the complaints raised by the Trinamool Congress (TMC), stating, “In the present case, the ECI has grossly failed to address the complaints raised by the petitioner (TMC) in due time. This court is surprised that no resolution worth the name has been arrived at regarding the complaints till date, more so because most of the phases of the election are already over.”
The BJP had published at least four advertisements this month in vernacular newspapers portraying the ruling TMC as corrupt, anti-Hindu, and unsafe for women. Justice Bhattacharyya’s bench noted, “Perusal of the impugned advertisements, clearly evince that those were in violation of the letter and spirit of the MCC. It is also clear that the allegations in the form of advertisements made against the petitioner are outright derogatory and definitely intended at insulting the rivals and levelling personal attacks.” The MCC prohibits parties and candidates from making unverified allegations.
The ECI’s lawyer argued that the commission had taken steps, citing that one complaint was addressed by West Bengal’s chief electoral officer, another was referred to the media certification and monitoring committee, and a third was sent to ECI headquarters. However, the court was not convinced, stating, “This court is not satisfied that any of the so-called resolutions are resolutions in the real sense of the term. It is merely an exercise by the ECI of passing of buck regarding the complaints made by the petitioner.”
The ECI also issued a notice to Bengal BJP president Sukanta Majumdar on May 14, following a complaint filed by TMC on May 4. The TMC, which has long accused the ECI of favoring the BJP, intensified its offensive following the court’s findings.
The HT quoted Bengal Minister Chandrima Bhattacharya as saying, “The Calcutta High Court has passed an important order. It said that such advertisements shouldn’t have been published. They are derogatory and have violated the MCC. It also stated that the ECI should have taken a significant step.”
Bengal BJP leader Shishir Bajoria responded by saying the party had yet to review the order and would consider an appeal after doing so.
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