MEMORANDUM April 16th, 2019
Ref: 00024A/2019 SURROGATE ADVERTISING BY PRIME MINISTER NARENDRA MODI USING INDIAN RAILWAYS-AGAIN INDEX SL.NO
Particulars
1.
Representation
2.
Annexure I : Copy of the news items publishing the incident of surrogate advertising by Indian Railways.
3.
Annexure II: Copy of the Hon’ble Commission’s instructions provided in its Notification No.491/Media/2010 dated 08.06.2010.
4.
Annexure III: Copy of Hon’ble Commission’s instructions provided in its Notification No. 437/6/2004 – PLN III dated 08.03.2004
Page No.s
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MEMORANDUM April 16th, 2019
To,
Ref: 00024A/2019
Chief Election Commissioner & His Companion Election Commissioners of India The Election Commission of India, Nirvachan Sadan New Delhi - 110001 Dear Sirs, RE: SURROGATE ADVERTISING BY PRIME MINISTER NARENDRA MODI USING INDIAN RAILWAYS AGAIN REQUEST FOR URGENT AND NECESSARY DIRECTIONS TO THE INDIAN RAILWAY BOARD OTHER RELEVANT AUTHORITIES TO REMOVE ALL SURROGATE ADVERTISING BEING DONE BY THE INDIAN RAILWAY BOARD IN UTTAR PRADESH This is to bring to your urgent attention certain serious and grave concern that the Hon’ble Commission needs to take immediate note of. I. It has come to our attention that the Indian Railways in Barabanki, Uttar Pradesh are issuing paper tickets with details of Prime Minister Awaas (Rural) scheme and Prime Minister’s photograph printed on it.
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As the Hon’ble Commission is aware, such an act is a blatant violation of the Electoral laws and calls for an urgent exercise of this Hon’ble Commission’s powers under Article 324 of the Constitution. A copy of the articles publishing the abovementioned incident is annexed herewith and marked as ANNEXURE – 1. II. It may be noted here that this action directly violates two recent directions of the ECI. Namely; 1. On March 12th, 2019, the ECI, on a Congress representation dated March 11th, 2019, took action and removed hoardings advertising the PM’s schemes on petrol pumps and at airports. 2. On March 29th, 2019 this Hon’ble Commission had taken steps, on a complaint by the Congress party, to remove campaign material on Styrofoam cups being distributed in certain trains being run by the Indian Railways. Despite these two clear directions highlighting the illegal nature of such actions, the Prime Minister clearly doesn’t feel even slightly inhibited and continues to abuse official machinery to further his petty political ends. III. Relevant laws on Surrogate Advertisements The present surrogate advertisement campaign of printing BJP’s schemes with the Prime Minister’s photograph by the Indian Railways not only violates the Hon’ble Commission’s instructions provided in its Notification No.491/Media/2010 dated 08.06.2010 regarding “Surrogate Advertisement” but it also violates Section 127A of the Representation of People Act, 1951. The relevant portion of the Notification No. 491/Media/2010 is reproduced herein below: “2. The Commission has directed that maximum vigilance may be observed by making use of the existing provisions of law so that the incidence of ‘Paid News’ or surrogate 3
advertisements in Print and Electronic media in the context of elections is arrested… 3. Legal provisions under Sec.127A of the R.P. Act, 1951 make it mandatory for the publisher of an election advertisement, pamphlet, etc., to print the name and address of the publisher as well as printer and failure to do so attracts penalty of imprisonment up to two years and/or fine of Rs.2000/-. Section 171 H of the IPC prohibits incurring of expenditure on, interalia, advertisement without the authority of the contesting candidate. The said instruction covers the declared or specified release as advertisement inserted in the newspaper, etc., and disclosure of amount paid for such advertisements, but in the case of 'Paid news'/surrogate news, such payment is seldom disclosed as the matter is camouflaged as news though serving the purpose of advertisement only. For the purpose of Sec.127A (1) of the R.P.Act, 1951, “'election pamphlet or poster' means any printed pamphlet, hand-bills or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates......”. Hon’ble Commission’s instructions provided in its Notification No.491/Media/2010 dated 08.06.2010 is annexed herewith and marked as ANNEXURE – 2. Assuming, the publisher of the surrogate advertisement is the Indian Railway Board itself, then the party in power, i.e., BJP shall be in violation of the Model Code of Conduct as well. This Hon’ble Commissions instructions provided in respect of government funded advertisements in its Notification No. 437/6/2004 – PLN III dated 08.03.2004 prohibits the use of state machinery and money of the public exchequer by the party in power for the purpose of its election advertisement. 4
The Notification dated 08.03.2004 is annexed herewith and marked as ANNEXURE – 3. IV. There is no stopping for this party in power and this is just another in a series of blatant and brazen violations that have undermined the sanctity of our electoral laws and the authority of the Hon’ble Commission. Further, it is of utmost important to mention here that the party in power has made a mockery of this Hon’ble Commission’s orders and it is time this Commission passes stern strictures against such violations. When the ECI issues clear instructions preventing the misuse of official machinery by the party in power and the same is brazenly violated within two weeks of the same, then strict action is required. We hope the Commission treats the matter with the attention it deserves. Warm Regards,
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