New Delhi, May 24
The BJP on Friday moved the Supreme Court, challenging a Calcutta High Court order that refused to interfere with a single-judge verdict directing the party not to publish any advertisement violating the Model Code of Conduct during the Lok Sabha election process.
The matter was mentioned for urgent listing before a Vacation Bench of Justice Bela M Trivedi and Justice Pankaj Mithal.
Advocate Saurabh Mishra, who mentioned the matter, told 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 Bench asked.
The counsel told the Bench that the high court has restrained the BJP from issuing advertisements during the Lok Sabha polls till June 4.
“Kindly have it on Monday (May 27),” the lawyer requested the Bench.
“We will see,” the bench said.
On May 22, a Calcutta High Court Division Bench refused to interfere with a single-judge order in the matter.
Observing that a “laxman rekha” should be adhered to, the Division Bench had said there should not be any personal attack on the part of any political party.
Refusing to interfere with the May 20 order of the single judge, the Division Bench had said the BJP could move the single judge, seeking a review or recall of its order.
The BJP had moved the appeal before the Division Bench, claiming that the single judge passed the order without giving it any hearing.
The party’s counsel had also stated that the Constitution provided that the Election Commission was the appropriate authority for redress in case of any dispute during a poll process.
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 day the Lok Sabha election process ends.
The court also restrained the BJP from publishing advertisements mentioned by the Trinamool Congress (TMC) in its petition, claiming unverified allegations against it and its workers.
