Bombay HC: Holding fair polls EC's Constitutional obligation

Mumbai: The Bombay high court Thursday said that the Election Commission had a Constitutional obligation to hold fair elections and hence, should take steps to prohibit advertisements or paid political content on social media.

A division bench of Chief Justice N.H. Patil and Justice N.M. Jamdar was hearing a petition filed by lawyer Sagar Suryavanshi, seeking directions to the commission to prohibit all persons, whether politicians or private individuals, from posting advertisements related to politics or elections or paid political content on social media platforms such as YouTube, Facebook, and Twitter, 48 hours before the election day.

Advocate Pradeep Rajg-opal, appearing for the co-mmission, told the court that the poll panel had recommended an amendment to section 126 (b) of the Representation of Pe-oples Act, which prohibited public meetings, processions, campaigns etc. 48 hours before polling.

“By way of amendment, we propose to include the term electronic media in the provision,” he said. The bench then noted that an amendment to the Act would take a lot of time.

“Till the amendment is brought, what does the commission propose to do about the issues raised in the petition? Elections are coming up. The commission should have some answers,” Chief Justice Patil said.

The court suggested that the commission pass orders before the upcoming elections. “The election commissioner can issue orders. You (EC) are not helpless. In order to conduct and hold fair elections, the commission can issue orders. It is your Constitutional obligation,” said the Chief Justice.