The Karnataka Congress has been served with a notice for its "corruption rate card" advertisements in newspapers targeting the Bharatiya Janata Party (BJP), and the Election Commission has requested "empirical evidence" to back up its claims by Sunday evening. The notice was issued on Saturday (May 6) in response to a complaint filed by the BJP.
The panel stated that it appears "prima facie" that Congress has "violated" a provision of the model code of conduct (MCC), the Representation of the People Act, and the Indian Penal Code (IPC) by publishing the advertisement.
The Congress released a set of posters and advertisements ahead of the May 10 assembly elections in Karnataka, listing "corruption rates" in the state between 2019 and 2023, while describing the BJP government as a "trouble engine."
"It is a reasonable assumption that INC possesses the material/empirical/verifiable evidence on which these specific/explicit 'facts' have been published," the Election Commission (EC) notice stated.
It asked the president of the Karnataka Pradesh Congress Committee (KPCC) D K Shivakumar to "convey the empirical evidence of the same, for example, the evidences for rates for kinds of appointments and transfers, kinds of jobs, and kinds of commission mentioned in the advertisement given by you, along with if any explanation, by 19.00 hrs on 7th May 2023, and also put that in the public domain" by that date.
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If the party does not share the evidence, it must show reasons "why action should not be initiated against you for violating the model code of conduct and relevant legal provisions under the Representation of the People Act and the IPC, by 7 pm on May 7".
The poll panel also stated that criticising the policy and governance of opposing parties is a constitutionally guaranteed right as well as an essential function of various political actors in the Indian electoral process.
"However, while exercising this right and performing this essential function, various political parties are expected to uphold high standards of public discourse and adhere to various provisions of the MCC and relevant laws," the statement said.
While general references and allusions to political opponents' alleged lack of achievement, misdeeds, and failure to ensure corruption-free governance do circulate in political campaigns, specific accusations and charges must be separated and supported by verifiable facts, it observed.
"Making specific charges without any factual basis is an action prohibited by the penal statutes... without any corresponding informational verification, the electoral process is vitiated by disturbing the level playing field by potentially misleading the elector, marring the exercise of making informed choices," the poll watchdog said.
According to the EC, the allegations and imputations made in the advertisement were not general.
The high-decibel campaign for the Karnataka Assembly election on May 10 will conclude Monday evening, with votes being counted on May 13.