The Supreme Court on Monday declined to entertain a petition filed by the Bharatiya Janata Party (BJP) against a Calcutta high court order that refused to interfere with a single-judge verdict directing the party not to publish any advertisement violating the Model Code of Conduct during the Lok Sabha election.
A vacation bench of Justices JK Maheshwari and KV Viswanathan refused to interfere with the high court order. Follow full coverage of the Lok Sabha polls.
"Prima facie, the advertisement is disparaging," the bench said.
Earlier this month, the BJP had published at least four advertisements in vernacular dailies, portraying the ruling party, Trinamool Congress, as corrupt and one that is against the Hindus and claiming that women are not safe under the present regime. The TMC filed multiple complaints with the EC and later moved the high court after alleged inaction by the poll body.
The MCC prohibits political parties, leaders, and candidates from criticising their opponents based on unverified allegations.
On May 20, the Calcutta high court had pulled up the Election Commission (EC) for its “gross failure” to address complaints about “derogatory” advertisements published by the BJP against the TMC in West Bengal, and restrained the opposition party from carrying out materials that are in violation of the Model Code of Conduct (MCC).
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{{/usCountry}}On May 20, the Calcutta high court had pulled up the Election Commission (EC) for its “gross failure” to address complaints about “derogatory” advertisements published by the BJP against the TMC in West Bengal, and restrained the opposition party from carrying out materials that are in violation of the Model Code of Conduct (MCC).
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{{/usCountry}}“In the present case, the EC has grossly failed to address the complaints raised by the petitioner 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 elections are over,” Justice Sabyasachi Bhattacharyya had said.
On May 22, a division bench of the High Court refused to interfere with the single-judge order in the matter.
Observing that a "laxman rekha" should be adhered to, the division bench had said there should not be any personal attack on the part of any political party.
Following this, the BJP moved to the Supreme Court on May 24.