CJP files complaint against BJP, MNS and SS (Shinde faction) silence period violations in Maharashtra elections Complaint highlights political ads in major newspapers as violations of electoral laws, calling for decisive action to protect democratic integrity
22, Nov 2024 | CJP Team
In a move to uphold the integrity of electoral processes, Citizens for Justice and Peace (CJP) had filed a complaint with Maharashtra State Election Commission on November 21, highlighting violations of the mandated 48-hour silence period prior to polling during the ongoing Maharashtra Vidhan Sabha elections.
In the said complaint, CJP pointed out that leading political parties, such as the Bharatiya Janata Party (BJP), Maharashtra Navnirman Sena (MNS), and the Shinde faction of Shiv Sena, placed full-page advertisements in prominent newspapers such as The Indian Express, Hindustan Times, Mid-Day, and Maharashtra Times. These advertisements, published during the silence period, are seen as attempts to influence voter sentiment and solicit votes, a direct breach of electoral ethics and established legal guidelines.
Undermining Electoral Integrity
CJP emphasised that the silence period is a critical safeguard designed to ensure that voters have an impartial environment to make informed decisions, free from last-minute persuasion. By publishing political propaganda during this period, CJP contends, political parties and media outlets have undermined this democratic safeguard, distorted the electoral playing field, and eroded public trust in the electoral process. The complaint elaborates on the potential long-term repercussions of such violations. It warns that these actions set a dangerous precedent, enabling wealthier political parties to leverage financial muscle for electoral advantage, further marginalising independent candidates and smaller parties.
Legal and ethical breaches
CJP has drawn attention to several legal and ethical frameworks that these actions contravene:
- Section 126 of the Representation of the People Act, 1951: Prohibits election propaganda during the 48-hour silence period. While print media is not explicitly mentioned, CJP argues that the intent of the law is clearly violated through such advertisements.
- Press Council of India (PCI) guidelines: These guidelines mandate neutrality in election reporting and prohibit paid news, especially during the silence period.
- Model Code of Conduct: Though not legally binding, the Code discourages indirect campaigning and other actions that influence voters during the restricted period.
- Constitutional principles: By compromising the level playing field, the advertisements allegedly violate Article 324 of the Constitution, which mandates free and fair elections.
Demands for action
In its submission, CJP has called on the Maharashtra State Election Commission to take decisive action, including:
- Investigating the advertisements to determine if they qualify as paid news or unauthorised election propaganda.
- Penalising political parties and media outlets responsible for the violations.
- Issuing public clarifications and warnings to reinforce the sanctity of the silence period.
- Strengthening surveillance mechanisms to prevent further breaches.
Preserving democracy
CJP underscored the critical role of the Election Commission in safeguarding democracy. The organisation has urged for strict enforcement of electoral laws, noting that failure to act decisively risks normalising unethical practices, diminishing public trust, and weakening the democratic framework. The complaint is a reminder of the need for vigilance in ensuring that elections remain free, fair, and reflective of the people’s informed choice, untainted by manipulative tactics or undue influence.
The complete complaint may be read here:
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