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This is an archive article published on September 8, 1999

Poll officials rule out action against use of posters

AHMEDABAD, SEPT 7: Though election posters and handbills depicting the Kargil conflict were seized, no further action is needed, Chief El...

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AHMEDABAD, SEPT 7: Though election posters and handbills depicting the Kargil conflict were seized, no further action is needed, Chief Electoral Officer (CEO) Balwant Singh said on Monday.

He said this was because the Chief Election Commission’s views in this case were more in the nature of advice (to political parties) than a directive or set of instructions. He said the CEC was already consulted in this case.

Other complaints about breach of model code of conduct and poll irregularities have not been found so serious as to warrant immediate intervention.

In the case of two sets of anti-minority and anti-Sonia pamphlets published by the Sangh Parivar, Singh said the matter was referred to the police where legal advice indicated that publication of such pamphlets did not attract any penal action under law and therefore, the commission would not be required to take any action on this.

About a complaint filed by the Congress, he said the party may seek redress in high court. The Congress had brought tothe commission’s notice election advertisements in which the image of Lord Krishna was used to appeal to readers’ sensibilities objecting that religion was being brought into campaigning.

Singh said no remedy was available with the Commission on this violation as it did not specifically amount to asking people to vote for any particular party. However, he agreed it amounted to corrupt poll practice because of its timing.

He said the affected party, if it so desired, was free to file an election petition in Gujarat High Court bringing to the court’s notice this incident as a corrupt practice. This is possible only after completion of the poll process.

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Congress vice-president and spokesman Hasmukh Patel does not agree with the views of the CEO.

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