CPI(M)
Representation
Before
Election
Commission
February
20,
2004
Press
Release
On
behalf
of
the
Communist
Party
of
India
(Marxist),
S.
Ramachandran
Pillai,
Member,
Polit
Bureau
and
Hari
Singh
Kang,
Member,
Central
Committee
of
CPI(M)
attended
the
meeting
of
the
political
parties
convened
by
the
Election
Commission
of
India
today.
The
following
points
were
raised
by
the
representatives
of
the
CPI(M)
in
the
meeting.
1.
The
Election
Commission
should
announce
the
date
of
elections
immediately,
so
that
the
model
code
of
conduct
will
come
into
operation.
The
Election
Commission
should
intervene
to
stop
the
advertisements
issued
by
the
various
departments
of
the
Central
government
about
the
performance
of
the
government.
These
advertisements
are
nothing
but
political
propaganda
by
making
use
of
the
tax
payers
money.
2.
When
dates
for
elections
are
announced,
the
Election
Commission
should
take
into
consideration
festivals,
harvesting
seasons,
examinations
etc.
Elections
to
West
Bengal
should
be
only
after
April
26
because
of
the
higher
secondary
school
examinations.
The
elections
in
Tripura
and
other
North-Eastern
states
should
be
in
the
first
phase
of
elections
in
view
of
the
terrorist
threats
and
the
impending
monsoons.
As
far
as
possible,
elections
in
a
particular
state
should
be
conducted
in
a
single
day
especially
in
the
case
of
Andhra
Pradesh,
Tamilnadu
etc.
3.
The
Election
Commission
should
take
steps
to
ban
advertisements
on
TV
and
other
electronic
media
in
order
to
avoid
distortion
of
the
election
process
by
using
money
power.
4.
The
amended
provisions
of
the
Representation
of
the
People
Act
provides
for
a
model
code
of
conduct
for
cable
operators.
Section
39A
(4)
reads
as
follows:
"The
Election
Commission
may,
for
the
purposes
of
this
section,
make
code
of
conduct
for
cable
operators
and
electronic
media
and
the
cable
operators
and
every
person
managing
or
responsible
for
the
management
of
the
electronic
media
shall
abide
by
such
code
of
conduct."
The
Election
Commission
should
take
immediate
steps
to
make
a
code
of
conduct.
5.
Election
Commission
should
regulate
advertisements
in
the
print
media.
Some
restriction
should
be
imposed
in
the
publication
of
poll
surveys.
The
Election
Commission
can
provide
a
format
for
that
purpose.
6.
As
per
the
amended
provisions
of
the
Representation
of
the
People
Act,
the
expenditure
incurred
by
the
political
party
except
the
expenditure
incurred
by
the
leaders
of
the
political
party
on
account
of
travel
for
propagating
programme
of
the
political
party
is
included
in
the
election
expenditure
of
the
candidates.
The
explanation
given
in
section
77
of
the
Representation
of
the
People
Act
reads
as
follows:
"(a)
the
expenditure
incurred
by
leaders
of
a
political
party
on
account
of
travel
by
air
or
by
any
other
means
of
transport
for
propagating
programme
of
the
political
party
shall
not
be
deemed
to
be
the
expenditure
in
connection
with
the
election
incurred
or
authorised
by
a
candidate
of
that
political
party
or
his
election
agent
for
the
purposes
of
this
sub-section."
The
Election
Commission
should
ensure
that
the
exemption
should
apply
only
in
the
case
when
the
leaders
of
the
political
party
participate
in
propagating
programme
of
the
political
party.
The
Act
does
not
exclude
the
expenditure
incurred
for
travelling
by
a
leader
of
the
political
party
for
campaigning
for
a
candidate
or
candidates.
7.
The
Kolkata
High
Court,
in
2001,
passed
a
judgement
banning
of
holding
of
public
meetings
or
using
of
loud
speakers
during
the
period
of
examinations
and
also
for
three
weeks
before
the
examinations
begin.
This
is
creating
restrictions
for
organising
political
propaganda.
The
Election
Commission
also
should
intervene
to
see
that
the
ban
is
lifted.
8.
There
are
complaints
about
voters
list,
polling
booths,
identification
cards
etc.
All
such
complaints
should
be
taken
care
by
election
authorities
as
expeditiously
as
possible.
The
Election
Commission
should
ensure
this.
end
************************
Annexure
Letter Written by the CPI(M) General Secretary to the Chief Election Commissioner Regarding Advertisements by Political Parties On TV
*************************************************
February
20,
2004
The
Chief
Election
Commissioner,
Election
Commission
of
India,
Nirvachan
Sadan,
Dear
Shri
Krishanmurthi,
We
are
writing
to
you
regarding
the
use
of
advertising
on
television
by
political
parties
for
the
forthcoming
Lok
Sabha
elections.
On
behalf
of
the
Communist
Party
of
India
(Marxist),
we
wish
to
place
the
following
views
for
the
consideration
of
the
Commission:
1.
In
1999,
the
Election
Commission
had
banned
the
TV
advertising
by
political
parties
as
in
the
previous
elections.
The
EC
had
noted
that
whereas
the
EC
had
ensured
allocation
of
equitable
time
slots
to
recognised
Parties
on
Doordarshan,
further
advertising
on
TV
would
be
undesirable
because
only
a
handful
of
major
political
parties
could
do
so
leaving
out
smaller
parties.
The
EC
had
noted
that
this
would
seriously
distort
the
electoral
process
and
"in
a
poor
country
like
India,
democracy
would
be
totally
disturbed
by
money
power."
This
decision
was
however
reversed
by
the
EC
just
before
the
elections
to
the
five
state
assemblies
held
in
December,
2003.
2.
The
CPI
(M)
is
of
the
view
that
the
earlier
decision
of
the
EC
was
correct
and
should
be
reissued
for
the
following
reasons:
a)
Advertising
on
television
is
very
expensive.
The
prime
time
slots
for
even
a
few
minutes
would
be
in
the
range
of
lakhs
of
rupees.
This
would
open
the
floodgates
for
use
of
big
money
and
vitiate
the
polls.
At
a
time
when
serious
efforts
are
required
to
limit
the
influence
of
money,
this
would
be
a
counterproductive
step.
b)
The
next
factor
to
be
considered
is
that
this
will
create
a
serious
inequality
between
political
parties.
Those
parties
with
access
to
corporate
funding
(which
has
been
legalized
now)
and
other
sources
will
have
an
unfair
advantage
given
the
reach
of
the
electronic
media.
Further,
we
are
witnessing
how
the
Vajpayee
government
is
using
the
Shining
India
campaign
as
a
surrogate
election
campaign.
c)
The
EC
is
already
providing
for
time
on
the
Doordarshan
and
All
India
Radio
for
recognized
parties
to
conduct
election
broadcasts.
The
CPI
M)
would
like
this
extended
not
just
to
recorded
speeches
but
also
slots
for
propagating
the
parties
policies
and
issues.
This
will
obviate
the
need
for
expensive
advertising.
d)
There
is
no
regulation
of
the
advertising
on
private
television
channels.
It
will
not
be
possible
for
the
E.C.
to
monitor
all
the
advertising
which
goes
on
in
a
host
of
channels.
e) The Election Commission should also consider how to regulate advertising in the print media by political parties. While the newspaper advertising may be less expensive compared to television, still extensive use of ads in big newspapers is costly. In such a case, it will be necessary to include the cost of the print media advertising incurred by the party and candidates in the candidates’ expenditure in the constituency. As per present law, only travel expenses of leaders is exempted from inclusion in the candidates’ expenditure.
Promotion
of
poll
advertisements
through
television
will
lead
to
a
situation,
as
in
the
United
States
of
America
where
millions
of
dollars
are
spent
by
Presidential
candidates
and
advertising
expenses
forms
a
big
part
of
election
expenditure.
The
CPI(M)
would
urge
the
Commission
to
reimpose
the
ban
on
advertising
on
television
by
political
parties.
Since
the
Commission
is
considering
the
poll
schedule,
we
request
you
to
take
up
this
matter
of
television
advertising
alongside.
(Harkishan Singh Surjeet), General Secretary