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Use of Public Property for Political Advertisements

Last updated on Jun 8, 2022

Political parties and candidates are not allowed to use public properties/places for political advertisements. They cannot write on the walls, paste any posters/papers, erect/display any cutouts, hoardings, banners, flags etc as a part of election campaigning. Some examples of public properties are1:

  • Railway stations, railway flyovers, bus stands, airports, bridges,
  • Government hospitals, post offices,
  • Government buildings, municipal buildings, etc.

If a political party or candidate, puts up any of their campaign material on a public property, then it will be an MCC violation.

  1. Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/[↩]

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Comments

Vipul chhanabhai gurjar

July 13, 2022

Nowadays I has noticed that the many of political parties are panting their logo on the metro rail of piller, railway boundary, underpass. And flyover, and roads. Isn’t it an legal activities ? And if it is legal than how can be take an action

Reply

Nyaaya

August 8, 2022

The person can approach the police station where the cause of action has arisen. The person can file an FIR under Section 154 of Indian Penal Code to file a complaint Section 3 of The Prevention of Damage to Public Property Act, 1984 which lays down Mischief causing damage to public property. The provision states that
(1) Whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in sub-section (2), shall be punished with imprisonment for a term which may extend to five years and with fine. The person has a fundamental duty to safeguard public property and to abjure violence under Article 51A(i).

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