Undeterred by the Election Commission’s caution against possible violation of Model Code of Conduct, the BJP on Saturday decided to go ahead with its plan to release the party manifesto on Monday, when the first of the 9-phase polls will start from the North-East.
The BJP’s decision, after hectic consultations during the day, comes amid varied opinions over whether its move would be a violation of the Model Code of Conduct and the possibility of the party’s showdown with the poll panel not being ruled out.
The EC had on Friday restrained television channels against live broadcasting of the event till the polling concludes on April 12, following which there would be a two-day period when the prohibition on publicising poll promises through electronic medium will not be in force. The restriction, however, does not apply to the print media.
News Broadcasters Association (NBA), a private association of news broadcasters, could not be reached for a comment but sources said the news channels are likely to air the manifesto release programme.
Editors Guild president Sachidananda Murthy said that the EC cannot restrict TV channels from telecasting the event and any such decision is unconstitutional. “The only law that binds us is restriction on opinion polls and paid news. The EC is abrogating powers to itself,” he told The Pioneer.
Senior BJP leader Mukhtar Abbas Naqvi also asserted, “It is party’s right to release its national agenda before the public. We will go with the manifesto as planned.” On whether the electronic media would be allowed to cover the event, he said, “It is between the EC and the media.” There was also contemplation within the party over deferring the release.
The party maintained that during a nine-phased national election, it was not possible to restrict a party from releasing its manifesto. It wondered how political rallies and speeches were permitted on that day but release of manifesto could attract violation of Model Code of Conduct. The polls begin on April 7 and conclude on May 12 with counting of votes on May 16. It was of the view that strict application of the provision will mean all election activity will have to come to a halt all over the country. Former CEC N Gopalaswami said, “It is for the parties to decide when to release their manifesto. It can even be on the day of polling.”
Despite stating that there was no provision in law or the Commission’s instructions when the manifesto should be released, Deputy Election Commissioner Alok Shukla, at a Press conference in Patna, referred to provisions in Section 126 of the Representation of the People Act and said “telecast of the manifesto during the 48-hour period is thus likely to be a violation of 126 (1)(b)”.
According to him, the Section prohibits public meetings during the period of 48 hours ending with the hour fixed for conclusion of the poll. Under this provision, no person shall address any public meeting or hold a procession in connection with an election or display to the public any election matter “by means of cinematography, television or other similar apparatus”.
The violation of Section 126 of the RP Act entails a punishment of maximum two years’ imprisonment and a fine. Under this section “election matter” includes any matter intended or calculated to influence or affect the result of an election.
KJ Rao, a former Secretary in the Election Commission, feels that much ado is being made about the provision. He said that the election will be taking place only in six constituencies and the manifesto of a national party will cover the entire 543 constituencies in the country.
Senior advocate Anoop Bhambani, who has appeared for NBA in several matters before Supreme Court, said, “In sensitive issues like election, all parties should abide by Model Code of Conduct. However, it can be no answer for the BJP or anybody to blame the broadcaster for disseminating information.”