Plea in SC against PM Modi's address on DD during MCC, seeks action

Former Congress MP TN Prathapan has moved the Supreme Court against the ECI's alleged inaction over PM Modi's televised address on Doordarshan, alleging it violates the Model Code of Conduct and seeking an inquiry against the Prime Minister.

Former Congress MP from Thrissur, Keralam, TN Prathapan has moved a plea in the Supreme Court seeking directions against the alleged inaction of the Election Commission of India (ECI) over the airing of a televised address delivered by Prime Minister Narendra Modi, on April 18, on State-funded channels - Doordarshan and Sansad TV, during the operation of the Model Code of Conduct (MCC) in election-laden Keralam. Prathapan has alleged that the airing of address is in violation of the Representation of the People Act, 1951 and the MCC.

Plea Seeks ECI Action and Inquiry

The plea seeks a direction to the ECI to issue a show-cause notice to Prime Minister Modi, along with the BJP (Bharatiya Janata Party), seeking why they should not be held liable for the aforesaid violation and to hold an inquiry against the concerned media platforms. It also seeks a direction to have the broadcast speech removed from all official and government-controlled digital and media platforms. Further, it seeks a direction to the ECI to complete its inquiry within a time frame fixed by the Court and to report the outcome of the inquiry to the Court.

ECI's Constitutional Duty Questioned

The plea alleges that the ECI's inaction in this regard is in violation of its constitutional duty under Article 324 (provides power to ECI to supervise, control elections). It states that the apex election body failed to act on a documented violation of the MCC (Model Code of Conduct). "This duty is not discretionary. Where a party in power misuses state infrastructure and official media during an active election to gain an electoral advantage, a fact documented through official PIB press releases, the ECI is constitutionally obligated to take cognisance and act. Inaction is not a permissible constitutional option," the plea reads.

Broadcast Labelled a 'Corrupt Practice'

Further, the plea alleges that the broadcast of PM Modi's speech amounts to a corrupt practice under the Representation of Peoples' Act (the RP Act) and violates the rule of law, which forms part of the basic structure of the Constitution by prohibiting arbitrary state action. The plea argues that PM Modi's address, which was made through government-funded channels at public expense, was a direct electioneering appeal which targeted specific political parties and urged the voters to punish them for their 'parliamentary conduct'.

Alleged Violation of MCC on Media Misuse

Additionally, the plea asserts that Section VII (4) of the MCC expressly prohibits the misuse of official mass media during the election period for partisan coverage with a view to furthering the prospects of the party in power. "The broadcast on Doordarshan and Sansad TV was made: (i) during an active election cycle when the MCC was in force; (ii) through official state-funded media; (iii) for the express partisan purpose of attacking named opposition parties and exhorting voters to punish them. This is a precise and unambiguous violation of Section VII (4) of the MCC", it submits.

'Distortion of Electoral Playing Field'

The plea also contends that free and fair elections form part of the basic structure of the Constitution and that the said broadcast violated the Petitioner's fundamental rights under Articles 14 and 19(1)(a). It argues that a partisan electoral address by the Prime Minister on state-funded channels during the election period, targeting specific opposition parties, caused a structural and irreversible distortion of the electoral playing field.

Plea Alleges Selective Enforcement by ECI

Moreover, the plea contends that the Model Code of Conduct applies equally to all, including the Prime Minister and alleges that the Election Commission's failure to act in this case amounts to selective enforcement and constitutes an abuse of the ECI's constitutional position.

The petition has been filed through Advocate Suvidutt M.S. (ANI)

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