Why in News
Cracking down on anonymous political hoardings, the Election Commission (EC) sought the disclosure of names of their publishers and printers for traceability and accountability
Disclosure of the identity of publishers was crucial for regulating campaign financing and fixing of responsibility in case the content is found unbecoming of the framework of the Model Code of Conduct or the statutory provisions
The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
It was introduced in Parliament by law minister Dr. B.R. Ambedkar.
The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election
The printing and publication of election pamphlets, posters, etc., is governed by the provisions of Section 127A of the Representation of the People Act, 1951
Section 127A
No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
2. No person shall print or cause to be printed any election pamphlet or poster
(a) Unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by his to the printer in duplicate; and
(b) Unless, within a reasonable time after time printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document.
(i) Where it is printed in the capital of the State, to the Chief Electoral Officer; and
(ii) in any other case, to the district magistrate of the district in which it is printed.
3. For the purposes of this section,—
any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and
“election pamphlet or poster” means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a
candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
4. Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
COMMENTS