Explained | Why ECI issued notices to BJP, Cong, CPI(M) in Tripura

The ECI asked for explanations from all three parties for violating the 'silence period' prior to polls. What does that mean?

Voters show their identification cards as they wait in queues to cast their votes at a polling booth during the Tripura Assembly elections, in Rajnagar, Thursday, Feb. 16, 2023. Credit: PTI Photo

The Election Commission of India (ECI) on Thursday issued notices to three parties—the BJP, Congress, and CPI(M)—in Tripura for violating the 'silence period' prior to polls.

Issuing the notices, the ECI informed the three parties that they had violated Section 126(1)(b) of the Representation of the People Act, 1951, and asked for an explanation for the violations by 5 pm on Friday.

What does Section 126(1)(b) of the RP Act say?

Section 126(1) of the Representation of the People Act, 1951 deals with the "Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conculsion of poll."

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It has three clauses regarding campaigning prior to polls. They say:

"No person shall-

(a) convene, hold or attend, join or address any public meeting or procession in connection with an election; or

(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or

(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area."

Why were the three parties pulled up?

The ECI notices to the three parties were issued for tweets sent by them to seek votes or convince voters to vote out incumbents.

Although Section 126(1)(b) of the RP Act does not specifically place restrictions on campaigning via social media, the ECI notices to the three parties, for the first time, signalled that social media had also been brought under the purview of the Act.

Indeed, as per a report by TOI, senior EC officials said that the notices to the three parties were a "clear message" ahead of this year's Assembly polls and next year's Lok Sabha elections that campaigning restrictions during the 48-hour 'silence period' would be applicable to the social media space as well.