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Madras HC stays EC order banning ads

The Madras High Court today stayed the Election Commission notification prohibiting the electronic media from airing opinion poll results and advertisements by political parties.

Justice K Govindarajan granted the stay on a petition filed by Sumangali Publications Pvt Ltd, which owns Sun TV, a private Tamil satellite television channel, and ordered notice to be issued to the EC, Tamil Nadu chief electoral officer and the state home secretary.

It may be recalled that the Commission had on August 20 last, prohibited the telecast of opinion poll results and advertisements by political parties or their candidates between September 3 and October 3.

The judge pointed out that the Andhra Pradesh High Court had granted a similar stay.

Contending that the notification was illegal, the petitioner stated that the Commission had no power to pass any order violating the fundamental rights of freedom of speech and expression guaranteed in the Constitution.

The petitioner also argued that the notification went against the freedom of expression of political parties and individuals. Besides, the business of the petitioner had been affected.

The petitioner pointed out that the notification could not be traced to Articles 324, 325 and 326 of the Constitution which had vested with the Commission powers to ensure free and fair conduct of polls.

While the newspapers were being allowed to publish advertisements and appeals by political parties, candidates and individuals, the electronic media could not be treated differently or discriminated against, it added.

The petitioner contended that the notification, instead of advancing the conduct of free and fair polls, was obstructing dissemination of news and views.

UNI

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