The Gujarat High Court on Tuesday dismissed a public interest litigation filed by advocate KR Koshti, seeking a direction to the Election Commission (EC) to ensure compliance with Section 126 of the Representation of People Act.
The section prohibits "displaying any election matter by means, inter alia, of television or similar apparatus, during the period of 48 hours before the hour fixed for conclusion of polls in a constituency".
The dismissal came from the division bench of Acting Chief Justice AS Dave and Justice Biren Vaishnav. During the hearing on Tuesday, the court said that the EC is an independent body and can ensure implementation of the provisions of the Act.
Notably, the petitioner had demanded that the EC should ensure that no paid news is spread through television, print, or web platforms during the 48-hour period, when there is a complete ban on any form of political campaigning.
The petitioner also sought that the poll body should ensure that TV channels and websites should not broadcast rallies, road shows, processions or press conferences by leaders of parties, which violates Section 126.
The petitioner submitted to the court that several rallies, processions, roadshows, and press conferences, were organised during the 48-hour period before the Lok Sabha elections of 2014 and claimed that despite blatant violation of norms, the EC didn't take any action against the violators and failed to do its duty.
The petitioner had sought that TV channels and websites shouldn’t broadcast rallies, roadshows, processions or press conferences of any political parties, saying it’s violation of Section 126