Madras High Court on Use of Public Funds for Campaigns

Madras High Court on Use of Public Funds for Campaigns

According to the Madras High Court, Election Commission of India (ECI) can put guidelines in place to ensure that public funds are not brazenly used by Ministers for campaigning purposes “as is usually being indulged in at present”.

About the Case

The case is about a political party filed the PIL in the Madras High Court.

It seeks a direction to ECI to prohibit ministers, the Leader of the Opposition, and all others holding public office from campaigning on behalf of their party’s candidates.

The petitioner alleged that these people end up misusing their public office during elections. It becomes a disadvantage for the other candidates in the fray.

Key-Points made by the Court

The court start that ECI has sufficient authority to put in place checks and balances.

ECI can allow Ministers to enjoy their official status and simultaneously can prevent them from spending government funds for campaigning or election purposes.

Security concerns for higher officials like Chief Ministers and those holding Cabinet positions at the Centre shall also be considered.

But the EC can still put some guidelines in place in addition to the existing guidelines. It is indicated in the model code to ensure government funds are not used for campaigning purposes, which is a usual exercise at present.

About Model Code of Conduct

Model Code of Conduct is a set of guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, portfolios, election manifestos, processions and general conduct.

The Model Code of Conduct consists of a set of guidelines expected to be abiding by the political parties, their campaigners and the candidates. The Election Commission brings the Model Code of Conduct into effect to ensure free and fair elections.

Model Code of Conduct guidelines on General Conduct

• No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.
• Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life.
• Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
• There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as a forum for election propaganda.
• All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from the polling station.
• No political party or candidate shall permit its or his followers to make use of any individual’s land, building, compound wall etc., without his permission for erecting flag-staffs, suspending banners, pasting notices, writing slogans etc.
• Political parties and candidates shall ensure that their supporters do not create obstructions in or break up meetings and processions organized by other parties.

Model Code of Conduct guidelines on Meetings

• The party or candidate shall inform the local police authorities of the venue and time of any proposed meeting well in time.
• A Party or candidate shall ascertain in advance if there is any restrictive or prohibitory order in force in the place proposed for the meeting if such orders exist, they shall be followed strictly.
• If permission or license is to be obtained for the use of loudspeakers or any other facility in connection with any proposed meeting, the party or candidate shall apply to the authority concerned well in advance.