Khemchand Rajaram Koshti v. Election Commission of India
2019-04-15
ANANT S.DAVE, BIREN VAISHNAV
body2019
DigiLaw.ai
ORDER: ANANT S. DAVE, J. This Writ Petition [PIL] is one more attempt to invoke extra-ordinary jurisdiction under Article 226 of the Constitution of India as prayers of similar nature were made in Writ Petition [PIL] No.60 of 2019, which came to be dismissed vide order dated 26.03.2019 passed by this Court. Order dated 26.03.2019 reads as under: “1.This writ petition is filed by the petitioner with the following main prayers: “(a) Your Lordships may be pleased to allow the present writ petition (P.I.L.); (b) pass appropriate Writ, Order or direction and direct the respondent No.1 viz. Election Commission of India to ensure the complete compliance of the section 126 of the R.P. Act and to issue necessary order/circular/guidelines to all the Chief Electoral Officers of the States and U.Ts. To fully comply with the provision of section 126 and to ensure that no paid news in the name of advertisement and also to ensure that broadcast/telecast of any rallies/roadshows/processions/press conference which unlawfully crosses the ambit of section 126 takes place; (c) pass appropriate Writ, Order and direction directing the Respondent Nos. 1,2 and 3 to ensure that no rallies/road-shows/processions or press conferences can be circulated by the electronic media (cable TV and television network) during the forty-eight hours as prescribed under section 126 of R.P.Act; (d) pass appropriate Writ, Order or direction directing the Respondent Nos. 1,2 and 4 to ensure that no advertisement in the garb of news can be circulated in the print media during the forty-eight hours as prescribed under section 126 of R.P. Act;” 2. Basis of this petition is that necessary order or direction be issued to respondents to fully comply with provision of section 126 of the Representation of Peoples Act, 1951 (“the Act” for short) and conduct of Election Rules, 1961, so as to conduct free, fair and impartial elections of 17th Lok Sabha 2019. It is averred in the petition that Election Commission of India is an autonomous constitutional body responsible for conducting free, fair and impartial elections to the Lok Sabha. Rajya Sabha, State Legislative Assemblies and other offices of constitutional authorities like President and Vice President of the country. Election Commission of India is empowered for superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections in free, fair and unbiased manner.
Rajya Sabha, State Legislative Assemblies and other offices of constitutional authorities like President and Vice President of the country. Election Commission of India is empowered for superintendence, direction and control of the preparation of electoral rolls for and the conduct of all elections in free, fair and unbiased manner. Article 324 of the Constitution of India is a reservoir of power for Election Commission of India to act for the avowed purpose of pursing the goal of free and fair election. 3. In the context as above, petitioner has relied on certain instances and past events, which took place in the last Lok Sabha election on various dates, wherein, election rallies were conducted by leaders of political parties, according to the petitioner, in breach of provisions of section 126 of the Act. It is genuinely apprehended by petitioner that such incidents are likely to occur in the ensuing Lok Sabha and State Legislative Assembly elections of 2019 as per the schedule notified by the Election Commission of India. 4. Our attention is drawn to general elections of 2019 for Lok Sabha and Legislative Assemblies of certain States for which guidelines/circulars are issued as also order of the Apex Court dated 13.4.2004 passed in Special Leave to Appeal (Civil) No. 6679 of 2004 in the case of Secretary, Ministry of Information & Broadcasting vs. M/s. Gemini T.V. Pvt Ltd and others, in the context of prohibition of advertisement and rallies of political nature on television under Rule 7(3) of Cable Television Network Rules and interim orders passed by the Apex Court. It is submitted that in spite of several complaints and representations made about breach of section 126 of the Act and the rules made thereunder, the Election Commission of India, respondent No.1 has not taken any action and therefore, the petitioner is constrained to approach this Court for ensuring fair, free and impartial election so that at least rallies/processions/roadshows/press conferences preceding 48 hours of voting, shall not take place as provided under section 126 of the Act. 5.
5. We have perused the record of the petition and the notification issued for general elections to Lok Sabha and certain State Legislative Assemblies of 2019, guidelines and circulars containing Media Engagement, Media Certification and Monitoring Committees (MCMC), Use of Social Media in election, Monitoring of Electronic and Social Media, Commitments by Intermediaries including Social Media Platforms, from which it transpires that intermediaries have already started awareness campaigns for their users highlighting the activities of the Election Commission of India which will cover awareness campaigns regarding unlawful conduct during the election particularly, the prohibited period of 48 hours under section 126; that all the platforms have agreed to establish priority channels for the Election Commission of India for quick response; that advertisements and pages are being made more transparent since political parties are significant stakeholders in electoral process and in view of multiparty democracy, the Election Commission of India takes special efforts in ensuring that group which intends to form a political party under the Representation of people Act, 1951 has to follow certain procedure. 6. So far as the order passed by the Supreme Court of India on 13.4.2004 is concerned, the same is binding to all the authorities under Article 141 of the Constitution of India, including Election Commission of India and based on certain incidents, which took place in the year 2014 at the time of Lok Sabha elections, we cannot presume or apprehend likelihood of repetition of such events in the ensuing elections of Lok Sabha and other State Legislative Assemblies in the year 2019. Besides, the Election Commission of India, as a constitutional body, is expected to adhere to the ethos and norms of the Constitution of India and duty bound to ensure free, fair and impartial elections by enforcing guidelines, circulars and other relevant rules and regulations as provided in the Representation of People Act, 1951, including section 126 of the Act. 7. Moreover, nothing is brought on record to reveal that any grievance was raised about alleged breach of section 126 of the Act in the year 2014 and any representation made in this regard. 8.
7. Moreover, nothing is brought on record to reveal that any grievance was raised about alleged breach of section 126 of the Act in the year 2014 and any representation made in this regard. 8. Reliance is placed on the newspaper clipping of 10th January, 2019 about constitution of committee by Election Commission of India to review and suggest modifications in section 126 of the Representation of the People Act, 1951, provisions of Model Code of Conduct and other aspects and the committee has submitted its report. The said committee included the representatives from Ministry of Information and Broadcasting, Ministry of Electronics and Information Technology, Ministry of Law and Justice, Press Council of India and News Broadcasters Association apart from senior officers of the Commission, and the committee also examined difficulties in regulating new media platforms during multiphase elections when prohibitory period of 48 hours is in force, and studied provisions of Model Code of Conduct (MCC) related to these issues. 9. At this stage, we find that petition filed by the petitioner is simply based on some past incidents and apprehension of likelihood of breach of section 126 of the Act and the guidelines. We find no reason to interfere with the exclusive function of Election Commission of India to conduct elections as notified, the same is, therefore, rejected.” 2. The appellant, appearing as party in person, has filed this Writ Petition [PIL] with the following main prayers: “[b] pass appropriate Writ, Order or direction and direct the respondent No.1 viz. Election Commission of India to ensure the complete compliance of the section 126 of the R.P.Act and to issue necessary order/circular/guidelines to all the Chief Electoral Officers of the States and U.Ts.
Election Commission of India to ensure the complete compliance of the section 126 of the R.P.Act and to issue necessary order/circular/guidelines to all the Chief Electoral Officers of the States and U.Ts. To fully comply with the provision of section 126 and to ensure that no paid news in the name of advertisement and also to ensure that broadcast/telecast of any rallies/road shows/processions/press conference which unlawfully crosses the ambit of section 126 takes place; [c] pass appropriate Writ, Order or direction directing the Respondent Nos.1, 2 and 3 to ensure that no rallies/roadshows/processions or press conferences can be circulated by the electronic media (cable TV and television network) during the forty-eight hours as prescribed under section 126 of R.P.Act; [d] pass appropriate Writ, Order or direction directing the Respondent Nos.1, 2 and 4 to ensure that no advertisement in the garb of news can be circulated in the print media during the forty-eight hours as prescribed under section 126 of R.P.Act;” 3. By repeating and reiterating certain instances of Lok Sabha General Elections of 2014, now instances are given for General Elections of Lok Sabha of the year 2019 of addressing gathering or taking out rallies by various leaders of political parties and such instances are of organizing road shows, debates and events to be telecast on television. The grounds in support of prayers remained same. In our view, such frequent misuse of PIL jurisdiction of extra-ordinary in nature of seeking direction from this Court to exercise powers under Article 226 of the Constitution of India deserves to be deprecated, more particularly, when the earlier writ petition raising similar grounds and prayers came to be rejected by this Court. The respondent – Election Commission of India is an autonomous constitutional body and is expected to consider any grievance that may arise about breach or violation of Model Code of Conduct, and this Court, in absence of any representation made by the petitioner to the Election Commission of India in this regard, will be loath in granting any such prayer solely based on unauthenticated newspaper reports. The case on hand is another attempt on the part of the petitioner, who is also practicing advocate of this Court to re-agitate the issue which was already closed. 4.
The case on hand is another attempt on the part of the petitioner, who is also practicing advocate of this Court to re-agitate the issue which was already closed. 4. In view of the above and in absence of any merit, we are left with no option but to dismiss this Writ Petition [PIL] with costs of Rs. 10,000/-