New Delhi: The Supreme Court on Monday declined to entertain a petition by the BJP seeking to assail a Calcutta High Court division bench order, which declined 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 process.
The apex court, concluding the proceedings in the matter, told the BJP’s counsel that “a rival is not an enemy”, and further stressed, “we do not want to precipitate acrimony”.
A bench comprising justices J K Maheshwari and K V Viswanathan told the senior advocate P S Patwalia, representing the BJP, that the court is not keen to interfere with the order passed by the high court. Justice Viswanathan said this would not be in the interest of the voter.
Why Should We Interfere?
Patwalia argued that there are corruption charges against the government. The bench said prima facie, the advertisement is disparaging. Patwalia insisted that his client was not even heard by the court and added that the ads were based on facts. However, the bench seemed unconvinced with Patwalia’s contentions and asked him, “why should we interfere during elections?”
File Reply To Single Bench Order
Sensing that the apex court is not willing to entertain the matter, the counsel urged the bench to allow him to withdraw the appeal. The apex court said the special leave petition is dismissed as withdrawn. The bench gave the liberty to the BJP to contest the notices issued to it by the single bench of the high court, by filing a reply, and added that it should be considered in accordance with law.
Adhere To ‘Laxman Rekha’
Earlier, the division bench of the High Court, declining to interfere with the May 20 order of the single judge, had said the BJP could move the single judge, seeking a review of its order. The high court had observed that a "Laxman Rekha" should be adhered to and there should not be any personal attack on the part of any political party.
BJP: Was Not Heard
The BJP challenged the single-judge order before the division bench claiming that the single judge passed the order without giving it any hearing. On May 20, the high court issued an injunction, restraining the BJP from publishing advertisements that violated the Model Code of Conduct until June 4, the day the Lok Sabha election process ends.
The BJP’s plea contended that the single judge erred by granting an interim injunction based on the purported violation of the Model Code of Conduct (MCC) without taking into consideration that the issue is pending before the Election Commission of India (ECI), which by virtue of Article 324 read with Article 329 of the Constitution of India, has the authority to take appropriate action against any party that violates the MCC.
TMC Moved MCC On ECI
“The current ruling dispensation in the State of West Bengal- the All India Trinamool Congress aggrieved by the publication of certain advertisements published by a newspaper on the information provided by the Petitioner which was allegedly against the spirit of the MCC, approached the ECI by way of written complaints,” said the BJP’s plea.
The plea contended that the high court ought to have considered the order dated May 20, passed by the single judge was passed without affording an opportunity to the BJP to present its case. “That the present Petitioner was neither given an opportunity of hearing nor an opportunity to controvert the facts giving rise to the instant dispute and for this reason solely the impugned order is liable to be set aside being bad in law,” said the plea.
