According to the cause list published on the apex court website, a vacation bench of Justices JK Maheshwari and KV Vishwanathan will hear the case on May 27.
Earlier on Friday, the special leave petition was mentioned before a vacation bench headed by Justice Bela M Trivedi for direction for immediate listing.
After much persuasion, the bench led by Justice Trivedi said that it would consider listing the case.
In an order passed this week, the Calcutta High passed an ex-parte injunction on the publication of the advertisements, which completely violate the political rights of Trinamool and its office-bearers.
A bench of Justice Sabyasachi Bhattacharya of the High Court said that the Model Code of Conduct (MCC) prohibits all participants in the election process from criticizing other parties or their workers on the basis of unverified allegations or distortions.
It said the Election Commission of India had "completely failed" to address the complaints raised by the ruling Trinamool Congress in a timely manner.
“Accordingly, respondent no. 2 (BJP) is restrained from continuing the publication of objectionable advertisements till June 4, 2024, or until further orders, whichever is earlier. Defendant no. 2. I also restrain from publishing such advertisements in any form of media which are in violation of the MCC issued by the ECI during the above mentioned period,'' the order said.
The special leave petition filed before the Supreme Court said the high court "erred" in granting interim injunction on the basis of alleged violations of the MCC, without considering that the matter was pending before the ECI, which had the power to take appropriate action. Has the right to. Against any political party.
Earlier on Friday, the special leave petition was mentioned before a vacation bench headed by Justice Bela M Trivedi for direction for immediate listing.
After much persuasion, the bench led by Justice Trivedi said that it would consider listing the case.
In an order passed this week, the Calcutta High passed an ex-parte injunction on the publication of the advertisements, which completely violate the political rights of Trinamool and its office-bearers.
A bench of Justice Sabyasachi Bhattacharya of the High Court said that the Model Code of Conduct (MCC) prohibits all participants in the election process from criticizing other parties or their workers on the basis of unverified allegations or distortions.
It said the Election Commission of India had "completely failed" to address the complaints raised by the ruling Trinamool Congress in a timely manner.
“Accordingly, respondent no. 2 (BJP) is restrained from continuing the publication of objectionable advertisements till June 4, 2024, or until further orders, whichever is earlier. Defendant no. 2. I also restrain from publishing such advertisements in any form of media which are in violation of the MCC issued by the ECI during the above mentioned period,'' the order said.
The special leave petition filed before the Supreme Court said the high court "erred" in granting interim injunction on the basis of alleged violations of the MCC, without considering that the matter was pending before the ECI, which had the power to take appropriate action. Has the right to. Against any political party.
