On Monday(15th April),Madras High Court directs Election Commission to respond to DMK’s petition challenging rejection of campaign video pre-certification, next hearing set for April 17.
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Tamil Nadu: The Madras High Court on Monday(15th April), has directed the Election Commission (EC) to file its response to a petition filed by the Dravida Munnetra Kazhagam (DMK), challenging the rejection of pre-certification for campaign videos.
The DMK had sought to highlight the party’s achievements and Tamil Nadu’s performance under the title “Stalin calls to protect India.” The first bench comprising Chief Justice S V Gangapurwala and Justice Sathya Narayana Prasad has scheduled further hearing of the petition for April 17.
As per the petitioner’s claim, the DMK had sought pre-certification for advertisements aiming to highlight its achievements and Tamil Nadu’s development under its governance. The party adhered to the requisite protocols and submitted the application to the State Level Certification Committee.
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Nonetheless, their request was declined on ambiguous and arbitrary grounds. The petitioner contended that comparable advertisements had been aired by other regional and national political entities, some of which directly criticized the DMK.
After the appeal was dismissed by the Chief Electoral Officer and Principal Secretary to the government on April 4, without specifying reasons, the DMK turned to the Madras High Court, filing the present petition to seek redressal.
The Madras High Court directed the Election Commission of India (ECI) to provide a response to the DMK’s petition by April 17. The party’s plea to the court entails a request to invalidate the rejection orders and instruct the Electoral Officers to approve pre-certification for their campaign materials.
The petition, filed by DMK’s organization secretary, RS Bharathi, further contests the validity of Clause 3.8 of the Handbook for Chief Electoral Officers and Deputy Electoral Officers on Media Matters for 2024. This clause mandates that any appeal against the rejection of campaign materials must be directed to the Supreme Court. The DMK challenges the jurisdiction specified by this clause.
As part of their advertising campaign, the DMK has released several posts, videos, and posters featuring the Tamil slogan “Indiyavai Kaaka Stalin Azhaikkiren,” which translates to “Stalin calls you to protect India” in English.
However, numerous campaign materials have been rejected by the Chief Electoral Officer. The rejections were based on concerns that they could provoke religious, racial, linguistic, or caste-based tensions or impugn the integrity of the President or the judiciary.
Furthermore, the materials were accused of criticizing other parties and their members based on unverified allegations or distorted facts.
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The Madras High Court’s intervention in this matter brings attention to the dispute surrounding the pre-certification process for campaign videos. The DMK’s plea seeks fairness and consistency in the evaluation of their advertisements, arguing that similar materials by other parties have been approved. The court’s decision on this case will have implications for the electoral campaign landscape, particularly regarding the use of audiovisual content to convey political messages.