"The ECI has grossly failed...": Calcutta High Court Pulls up ECI for inaction, Restrains BJP from running derogatory adds against TMC

The Calcutta high court on Monday slammed the Election Commission for its “gross failure” to address complaints pertaining to “derogatory" and "slanderous” advertisements published by the BJP against the Trinamool Congress in Bengal. In addition, the court restrained BJP from publishing advertisements that are in violation of the Model Code of Conduct until further notice.

A single bench headed by Justice Sabyasachi Bhattacharya noted that the advertisements that were published by BJP are in violation of the model code of conduct and the guidelines of the Press Council of India. “The ECI has grossly failed to address the complaints of the TMC in due time. This Court is surprised that resolution of the complaints after the conclusion of elections is nothing to the court and as such in due failure on part of the ECI in due time this court is constrained to pass an injunction order,” noted Justice Bhattacharya.

In addition, the Calcutta High Court criticized the Election Commission for its inaction, given that most phases of the 2024 Lok Sabha elections were already complete.

The court also pulled up the Bharatiya Janata Party and restrained the opposition in Bengal from publishing such advertisements that are in direct violation of the model code of conduct until further notice. “The allegations and publications made against TMC are outright derogatory and definitely intended at insulting the rivals and leveling personal attacks. Hence, the said Ads are directly contradictory to the MCC as well as being violative of the rights of the Petitioner and all citizens of India to free, fair and untainted election process. The BJP, thus ought to be restrained from further publishing such Ads until further orders,” the court said.

The BJP had issued advertisements on May 4, 5, 10, and 12 in vernacular dailies that allegedly portrayed the ruling Trinamool Congress as anti-Hindu, against the rights of the women in the state, and corrupt. Trinamool Congress had moved the Election Commission with several complaints, but then moved to the High Court after the inaction of the poll body with this issue of the advertisements, and underscored that in addition to other such advertisements, the BJP had published similar advertisements on May 12 as well, a day ahead of the 5th Phase of the 2024 Lok Sabha elections.

The Election Commission's counsel stated that the poll body had initiated action against the complaints. In one instance, it took up the matter with the state's chief election commissioner, and in another, the matter was sent to the media certification and monitoring committee for the intiation of appropriate action. However, the court was not satisfied with the course of action and noted, “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 EC of passing the buck regarding the complaints made by the petition."