TELUGU DESAM PARTY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This order will dispose of both the writ petitions as they raise common questions of law and fact.

(2.) The brief facts can be taken from WP No.18419 of 1999 in order to dispose of the questions raised in these writ petitions.

(3.) The petitioner impugned the ban sought to be enforced by the respondent No.4 specifically and other respondents indirectly in view of the Election Commission's proceedings dated 20-8-1999, restraining the political parties, any person of his own or on behalf of any association, society, media or political party to campaign for candidates or any one else on electronic media, relating to election matters, in conformity with the model code of conduct and policy decision taken in 1998, in consultation with political parties and media persons. The ban has resulted in frustration of contracts entered into with the Congress Party, Telugu Desam Party and other political parties, societies, persons, television companies, radios and cinemas and with other electronic media of publishing, advertising, etc., in the electronic media. Policy decision of the Election Commission prohibiting from campaigning or advertising the political ideology or programmes, including election publicity is ultra vires of the Constitution and fundamental principles of democracy.