Letter sent to the chief election commissioner on election-eve advertisements
GN Bureau | February 7, 2015
Even as Delhi went to polls on Saturday, KN Govindacharya, convener of Save Democracy Front and former ideologue of BJP, has sought postponement of the elections as the BJP has violated rules regarding advertisements.
In a representation sent to the chief election commissioner, Govindacharya says that the BJP has committed illegalities as there were internet advertisements released 48 hours before the voting.
Here is the full text of the letter sent to the CEC:
7th February 2015
Sh. HS Brahma
Chief Election Commissioner
Nirvachan Bhawan, Ashok Road
New Delhi- 1
Sub: Internet Advertising by BJP within 48 hours of Delhi Elections
Ref. Violation of Section 126 of R. P. Act & Not. Dt. 23rd October 2013 and Letter dated. 18th March 2014.
Prayer- Blocking of Advertising Web Pages/Postponement of Election/Penal Action against Candidates and BJP
I am writing this letter to expose the gross illegalities committed by Bhartiya Janta Party through their internet advertisements. I am attaching few of the Web-links with advertisements wherein BJP is soliciting votes for Delhi Elections which have been posted in E- Papers of various National News Papers.
Moreover as per Section 126 (1) (b) of the Representation of People Act, no person shall display to the public any election matter by means of cinematograph, television or other similar apparatus in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in the polling area.
Clause B of Election Commission of India Notification No. 491/SM/2013/Communication Dated: 25th October, 2013 stipulates that –
”Instructions of the Commission contained in its order No.509/75/2004/JS-1/4572 dated 15.04.2004 shall also apply mutatis mutandis to websites and shall fall under the purview of pre-certification”.
As per Clause D of the above Notification –
“It is clarified that the provisions of model code of conduct and related instructions of the Commission issued from time to time shall also apply to the content being posted on the internet, including social media websites, by candidates and political parties.”
It is submitted that as per news reported today’s Times of India pg 7, Election Commission has also accepted that Sec. 126 of R.P. Act is not applicable to the print media but the same is applicable to Electronic Media and Internet.
From above facts it is clear that provisions of Representation of People Act and other guidelines of model code of conduct are being blatantly violated by BJP and voters of Delhi are being influenced through such unlawful advertisements on various e-papers through internet. In addition, as per Section 126 (2) “any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both”.
Elections are foundation of Constitution and Democracy and such advertising has been restricted by Hon’ble Supreme Court in the matter of Kamar Lal Gupta Vs. Amar Nath Chawala.
In view of above you requested to –
Immediately call for status report and block all such websites/web pages showing advertisements from candidates/political parties.
Postpone the elections if unlawful acts of BJP have impacted this whole election proceeding.
Initiate penal action against the candidates and BJP/ Political Parties for such violations.
We request the Hon’ble Commission to take immediate steps regarding violations that are attacking Rule of Law envisaged by Constitution of India in the broader National Interest.
K. N. GOVINDACHARYA
CONVENER, SAVE DEMOCRACY FRONT
37/7, Patel Nagar East New Delhi
Annex-. As above
Cc. Sh. Chandra Bhushan Kumar, CEO, Delhi
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