On May 20, the Calcutta High Court restrained the BJP from publishing derogatory advertisements about the TMC that violate the Model Code of Conduct in view of Lok Sabha elections 2024 until June 4 (counting date) and until further orders. On Monday, the Supreme Court declined to entertain the West Bengal BJP’s plea challenging the Calcutta High Court order that restrained it from publishing certain advertisements targeting the TMC.
Advocate Soham Dutta, on behalf of the TMC, said in the notice that there was no stay order of the single-bench order. Despite this, the BJP published such an advertisement in its official X handle on Tuesday, he said.
He then asked the BJP to retract the “intentional, deliberate, and contemptuous publication” from the BJP’s official X handle dedicated to West Bengal. He also called for an immediate clarification on X, saying that the published advertisement on Tuesday was “false, unverified, and defamatory”. This clarification was necessary to ensure that the electorate is not unduly influenced by fake allegations made by the BJP during the upcoming Lok Sabha Elections in 2024, he said.
He added that the TMC should be issued an immediate, unconditional apology through the BJP’s official X handle dedicated to West Bengal for the publication which “directly violated” the high court order of May 20.
Dutta also appealed to the ECI to issue appropriate directions against the BJP to “immediately cease and withdraw the publication” made through X. “Issue appropriate directions against the BJP to prevent further religious appeals and spreading of misinformation against my client. Issue appropriate penal actions against BJP for continuous violation of the Model Code of Conduct, other extant guidelines/instructions issued by the Election Commission of India, and the provisions of the Representation of the People Act, 1951,” he said.
The single-judge bench of the Calcutta High Court, presided by Justice Sabyasachi Bhattacharyya, in its May 20 order, noted that the advertisements by the BJP during the ‘silence period’ (a day prior to the polls and the polling day) were violative of the Model Code of Conduct and impugned upon the rights of the TMC and also the citizens’ right to free and fair elections.
It also criticised the ECI for “grossly failing” to address the complaints filed by the TMC against the BJP’s advertisements targeting the ruling party in West Bengal.