LAWS(MAD)-2019-12-220

P.A.JOSSEPH Vs. STATE ELECTION COMMISSIONER

Decided On December 09, 2019
P.A.Josseph Appellant
V/S
STATE ELECTION COMMISSIONER Respondents

JUDGEMENT

(1.) The Writ Petition, styled as a Public Interest Litigation, is filed by a resident of Arumbakkam, Chennai-600106 and he would state among other things that a web serial/film namely, "QUEEN"? directed and produced by the third respondent, sought to be released by the second respondent through free online web streaming and it claims to be a biopic of Former Chief Minister of Tamil Nadu Ms.J.Jayalalitha. The petitioner would state that Local Body Elections sought to be held in the State of Tamil Nadu and the contest is on party lines and if the web serial is allowed to be streamed, it would definitely have influence on the mind of the voters and also tend to disturb the level playing field during elections. .

(2.) The petitioner would further state that Articles 243K and 243ZA r/w. Article 324 of the Constitution of India guarantee free and fair election and also pointed out that, with regard to the release of biopic of Mr.Narendra Modi - Hon'ble Prime Minister of India during Parliament Elections 2019, the Electional Commission of India, vide proceedings dated 10.04.2019 had prohibited such a telecast. The petitioner would further state that the intention of the producer as well as the director appear to be that the said biopic, which can be downloaded free in the internet, should reach people and thereby to influence their mind to vote in a particular pattern, that too in favour of a particular political party, which is also a ruling party. The petitioner would also state that there is no effective or alternative remedy available for the reason that the web serial do not undergo the process of censorship at the hands of the statutory body, namely, Central Board of Film Certification (CBFC) and as such, there is no mechanism to analyze the contents of the said film. The petitioner, in this regard, has also submitted a detailed representation dated 09.12.2019 to the first respondent and despite receipt and acknowledgment, no action whatsoever has been taken by the said authority and therefore, the petitioner has been constrained to approach this Court by filing this writ petition.

(3.) Mr.E.Vijay Anand, learned counsel appearing for the petitioner would submit that since the web serial "QUEEN"? is a biopic of the Former Chief Minister of Tamil Nadu, namely Ms.J.Jayalalitha and that it can also be downloaded free from internet, there is bound to be wider audience and since the candidates nominated by the ruling party are also contesting in the ensuing Local Body Elections, free web streaming would definitely influence their mind and as such, it would also definitely affect the purity of election process and hence, prays for appropriate orders.