MEMORANDUM

April 16th, 2019

Ref: 00024A/2019

SURROGATE ADVERTISING BY PRIME MINISTER

NARENDRA MODI USING INDIAN RAILWAYS-AGAIN

INDEX

SL.NO Particulars Page

No.s
1. Representation

2. Annexure I :
Copy of the news items publishing the incident of
surrogate advertising by Indian Railways.

3. Annexure II:
Copy of the Hon’ble Commission’s instructions
provided in its Notification No.491/Media/2010
dated 08.06.2010.

4. Annexure III:
Copy of Hon’ble Commission’s instructions
provided in its Notification No. 437/6/2004 –
PLN III dated 08.03.2004

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 MEMORANDUM

April 16th, 2019

Ref: 00024A/2019
To,

Chief Election Commissioner &

His Companion Election Commissioners of India

The Election Commission of India,

Nirvachan Sadan
New Delhi - 110001

Dear Sirs,

RE: SURROGATE ADVERTISING BY PRIME MINISTER

NARENDRA MODI USING INDIAN RAILWAYS AGAIN

REQUEST FOR URGENT AND NECESSARY DIRECTIONS TO

THE INDIAN RAILWAY BOARD OTHER RELEVANT
AUTHORITIES TO REMOVE ALL SURROGATE ADVERTISING
BEING DONE BY THE INDIAN RAILWAY BOARD IN UTTAR
PRADESH

This is to bring to your urgent attention certain serious and grave concern
that the Hon’ble Commission needs to take immediate note of.

I.

It has come to our attention that the Indian Railways in Barabanki, Uttar
Pradesh are issuing paper tickets with details of Prime Minister Awaas
(Rural) scheme and Prime Minister’s photograph printed on it.

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As the Hon’ble Commission is aware, such an act is a blatant violation of
the Electoral laws and calls for an urgent exercise of this Hon’ble
Commission’s powers under Article 324 of the Constitution.

A copy of the articles publishing the abovementioned incident is annexed

herewith and marked as ANNEXURE – 1.

II.

It may be noted here that this action directly violates two recent
directions of the ECI. Namely;

1. On March 12th, 2019, the ECI, on a Congress representation dated

March 11th, 2019, took action and removed hoardings advertising
the PM’s schemes on petrol pumps and at airports.

2. On March 29th, 2019 this Hon’ble Commission had taken steps, on

a complaint by the Congress party, to remove campaign
material on Styrofoam cups being distributed in certain trains
being run by the Indian Railways.

Despite these two clear directions highlighting the illegal nature of such
actions, the Prime Minister clearly doesn’t feel even slightly inhibited and
continues to abuse official machinery to further his petty political ends.

III.
Relevant laws on Surrogate Advertisements
The present surrogate advertisement campaign of printing BJP’s
schemes with the Prime Minister’s photograph by the Indian Railways
not only violates the Hon’ble Commission’s instructions provided in its
Notification No.491/Media/2010 dated 08.06.2010 regarding “Surrogate
Advertisement” but it also violates Section 127A of the Representation of
People Act, 1951.

The relevant portion of the Notification No. 491/Media/2010 is

reproduced herein below:

“2. The Commission has directed that maximum vigilance

may be observed by making use of the existing provisions
of law so that the incidence of ‘Paid News’ or surrogate

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 advertisements in Print and Electronic media in the
context of elections is arrested…

3. Legal provisions under Sec.127A of the R.P. Act, 1951

make it mandatory for the publisher of an election
advertisement, pamphlet, etc., to print the name
and address of the publisher as well as printer and
failure to do so attracts penalty of imprisonment up to two
years and/or fine of Rs.2000/-. Section 171 H of the IPC
prohibits incurring of expenditure on, interalia,
advertisement without the authority of the
contesting candidate. The said instruction covers the
declared or specified release as advertisement inserted in
the newspaper, etc., and disclosure of amount paid for
such advertisements, but in the case of 'Paid
news'/surrogate news, such payment is seldom disclosed
as the matter is camouflaged as news though serving the
purpose of advertisement only. For the purpose of
Sec.127A (1) of the R.P.Act, 1951, “'election pamphlet or
poster' means any printed pamphlet, hand-bills or other
document distributed for the purpose of promoting or
prejudicing the election of a candidate or group of
candidates......”.

Hon’ble Commission’s instructions provided in its Notification

No.491/Media/2010 dated 08.06.2010 is annexed herewith and marked
as ANNEXURE – 2.

Assuming, the publisher of the surrogate advertisement is the Indian

Railway Board itself, then the party in power, i.e., BJP shall be in violation
of the Model Code of Conduct as well.

This Hon’ble Commissions instructions provided in respect of

government funded advertisements in its Notification No.
437/6/2004 – PLN III dated 08.03.2004 prohibits the use of state
machinery and money of the public exchequer by the party in power for
the purpose of its election advertisement.

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The Notification dated 08.03.2004 is annexed herewith and marked as
ANNEXURE – 3.

IV.
There is no stopping for this party in power and this is just another in a
series of blatant and brazen violations that have undermined the sanctity
of our electoral laws and the authority of the Hon’ble Commission.

Further, it is of utmost important to mention here that the party in power

has made a mockery of this Hon’ble Commission’s orders and it is time
this Commission passes stern strictures against such violations. When
the ECI issues clear instructions preventing the misuse of
official machinery by the party in power and the same is
brazenly violated within two weeks of the same, then strict
action is required.

We hope the Commission treats the matter with the attention it deserves.

Warm Regards,