The HC noted that the advertisements by BJP during the ‘silence period’ (a day prior to the polls and the polling day) were violative of the Model Code of Conduct (MCC) and also impugned upon the rights of the TMC and also the citizens’ right to free and fair elections.

“A perusal of the impugned ads published on various dates in this month, clearly evince that those are in violation of the letter and spirit of the MCC, which clearly prohibits all participants in the election process from criticism of other parties or their workers based on unverified allegations or distortion,” the Court said.

The single-bench of the HC, presided by Justice Sabyasachi Bhattacharyya, also criticised the Election Commission of India (ECI) for “grossly failing” to address the complaints filed by the TMC against the advertisements by the BJP, that targeted the ruling party in West Bengal.

Justice Bhattacharya in his order stated, “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.” The Court was hearing a petition filed by the TMC seeking injunction against the BJP citing several ads published in certain newspapers against the Mamata Banerjee-led party.

Referring to one of the ads, which read ‘Sanatan Virodhi Trinamool’ (Trinamool Opposes Sanatan), the counsel representing the TMC, pointed out that the ads are ‘diametrically’ contrary to the MCC, which prohibits advertising even under the guise of news articles, along the lines of caste, religion, etc. The counsel, further, pointed out that the TMC has been filing complaints with the ECI after each such publication but there has been no response.