New Delhi: The Supreme Court will on Monday hear a petition filed by the BJP challenging the Calcutta High Court order restraining the party from releasing advertisements that allegedly "violate" the Model Code of Conduct. It had declined to interfere with the single-judge decision. Conduct during Lok Sabha elections.
According to the cause list dated May 27 uploaded on the apex court website, a vacation bench of Justices JK Maheshwari and KV Vishwanathan will hear the petition.
On May 22, a division bench of the high court had said it was not inclined to entertain an appeal against the interim order passed by a single-judge bench.
On May 20, a single-judge bench had restrained the Bharatiya Janata Party (BJP) from publishing advertisements violating the model code of conduct till June 4, the day the Lok Sabha election results are scheduled to be declared.
The court had also restrained the saffron party from publishing advertisements mentioned in the petition filed by the ruling Trinamool Congress (TMC) in West Bengal claiming unverified allegations against it and its workers.The division bench of the high court had said that the BJP can approach the single judge for review or modification or withdrawal of the order.
The BJP had filed an intra-court appeal before the division bench, claiming that the single-judge bench had passed the order without holding any hearing.
In its petition filed in the top court, the BJP has said that the division bench of the high court should have considered that the party was not heard and granted an ex-parte mandatory injunction at the interim stage by the single judge.
"It is pertinent to highlight that such interim relief granted by the High Court was beyond the prayer sought by the All India Trinamool Congress (AITMC/Respondent No. 1) which was only till the passing of an interim order directing the ECI (Election Commission) Limited to take action as per the law of India,” it said.The petition claims that the single judge "erred in granting interim injunction" on the basis of alleged violation of the MCC, without considering that the issue is pending before the Election Commission under Article 324 read with Article 329. goes. The Constitution has the right to take appropriate action against any political party that violates the MCC.
It said the TMC had approached the Election Commission, reportedly aggrieved by the publication of some advertisements against the spirit of the MCC.
The petition said that based on TMC's complaint, the Election Commission issued a show cause notice on May 18 and directed the BJP to file its reply by May 21.
"On May 20, 2024, the writ petition was listed before the High Court.The Single Judge, despite observing that the ECI has understood the issue and a show cause notice has been issued, proceeded to pass a comprehensive interim order, which, whether it is in the nature of a final order, thereby making the petitioner (BJP) be restrained from continuing the publication of the allegedly defamatory advertisements till June 4, 2024 or until further orders.''
It said the division bench should have considered that the case was heard and the single judge passed the order in the BJP's absence, which had a "significant impact on its ability to campaign during the elections".
As interim relief, the petition seeks an ex-parte stay on the operation of the interim order of May 20 as well as the order of May 22 passed by the High Court.
According to the cause list dated May 27 uploaded on the apex court website, a vacation bench of Justices JK Maheshwari and KV Vishwanathan will hear the petition.
On May 22, a division bench of the high court had said it was not inclined to entertain an appeal against the interim order passed by a single-judge bench.
On May 20, a single-judge bench had restrained the Bharatiya Janata Party (BJP) from publishing advertisements violating the model code of conduct till June 4, the day the Lok Sabha election results are scheduled to be declared.
The court had also restrained the saffron party from publishing advertisements mentioned in the petition filed by the ruling Trinamool Congress (TMC) in West Bengal claiming unverified allegations against it and its workers.The division bench of the high court had said that the BJP can approach the single judge for review or modification or withdrawal of the order.
The BJP had filed an intra-court appeal before the division bench, claiming that the single-judge bench had passed the order without holding any hearing.
In its petition filed in the top court, the BJP has said that the division bench of the high court should have considered that the party was not heard and granted an ex-parte mandatory injunction at the interim stage by the single judge.
"It is pertinent to highlight that such interim relief granted by the High Court was beyond the prayer sought by the All India Trinamool Congress (AITMC/Respondent No. 1) which was only till the passing of an interim order directing the ECI (Election Commission) Limited to take action as per the law of India,” it said.The petition claims that the single judge "erred in granting interim injunction" on the basis of alleged violation of the MCC, without considering that the issue is pending before the Election Commission under Article 324 read with Article 329. goes. The Constitution has the right to take appropriate action against any political party that violates the MCC.
It said the TMC had approached the Election Commission, reportedly aggrieved by the publication of some advertisements against the spirit of the MCC.
The petition said that based on TMC's complaint, the Election Commission issued a show cause notice on May 18 and directed the BJP to file its reply by May 21.
"On May 20, 2024, the writ petition was listed before the High Court.The Single Judge, despite observing that the ECI has understood the issue and a show cause notice has been issued, proceeded to pass a comprehensive interim order, which, whether it is in the nature of a final order, thereby making the petitioner (BJP) be restrained from continuing the publication of the allegedly defamatory advertisements till June 4, 2024 or until further orders.''
It said the division bench should have considered that the case was heard and the single judge passed the order in the BJP's absence, which had a "significant impact on its ability to campaign during the elections".
As interim relief, the petition seeks an ex-parte stay on the operation of the interim order of May 20 as well as the order of May 22 passed by the High Court.
