Effect of violation of MCC

Last updated on Jun 15, 2022

There are certain effects of violation of MCC. If a person violates the MCC rules, they cannot be punished, except in certain cases where the MCC violation is also a crime under the Indian Penal Code, 1860 and the Representation of the People Act, 1951. For the violation of those crimes, one might even go to jail. As for violations of MCC alone, a warning will be issued , but if the person repeat them, the complaint will be forwarded to the election authorities who will take necessary actions, which might even be removal of their candidature. The most important role the Election Commission plays during the period MCC is in force, is the immediate actions it takes in stopping violations of MCC.(( State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639.))

Some examples are:

  • The Election Commission can stop government advertisements endorsing the ruling party.
  • Stop the ruling party from using their political influence and endorsing their agenda through television or cinema.
  • Stop a candidate or a party from indulging in any activity which may create mutual hatred or cause tension between castes and communities.(( Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/))
  • The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.

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