BJP Moves Supreme Court Against Calcutta HC Order on Advertisements During Lok Sabha Polls

The Bharatiya Janata Party (BJP) on Friday approached the Supreme Court, challenging a Calcutta High Court order that upheld a single-judge verdict directing the party not to publish any advertisements violating the Model Code of Conduct during the Lok Sabha election process. The matter was mentioned for urgent listing before a vacation bench comprising Justice Bela M. Trivedi and Justice Pankaj Mithal.

Advocate Saurabh Mishra, who mentioned the matter, informed the bench that a division bench of the high court passed the order on May 22.

“Why don’t you move the next vacation bench?” the Supreme Court bench asked.

“Kindly have it on Monday (May 27),” Mishra requested the bench.

“We will see,” the bench responded.

On May 22, a division bench of the Calcutta 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 emphasized that there should not be any personal attacks by any political party.

Refusing to interfere with the May 20 order of the single judge, the division bench stated that the BJP could seek a review or recall of the order from the single judge.

The BJP had moved the appeal before the division bench, arguing that the single judge passed the order without providing it a hearing. The party’s counsel also argued that the Constitution designates the Election Commission as the appropriate authority for resolving disputes during the election process.

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The high court on May 20 issued an injunction, restraining the BJP from publishing advertisements that violated the Model Code of Conduct until June 4, the conclusion of the Lok Sabha election process.

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