The Congress released its manifesto for the Jharkhand Assembly elections on Tuesday, a day before 43 of the 81 seats in the state voted, prompting a complaint by the BJP of violation of the “48-hour silence period” before polling.

What does the Model Code of Conduct (MCC), which is enforced immediately after the polling dates are announced, say on the issue?

Addressing a press conference Wednesday, BJP national spokesperson Sambit Patra said the Congress had violated election laws. “Rules mandate that parties cannot campaign and release manifestos in the silence period’, which in this case started on Monday evening. Despite knowing this, the Congress released its manifesto on Tuesday. We have submitted a complaint to the Election Commission and urged it to take action,” he said.

The BJP, which released its manifesto on November 3, promised exemption of tribals from the Uniform Civil Code. It also promised to “put a full stop” to the alleged “infiltration” in Jharkhand, check illegal mining, and ensure welfare schemes for the state.

The Congress denies any violations of the MCC with AICC general secretary in-charge of Jharkhand, Ghulam Ahmed Mir saying all parties can issue advertisements and manifestos till the last day.

“The manifesto can be released any time between the announcement of polls and polling day. Tuesday was a day before polling for phase 1 but it fell in the middle of campaigning for phase 2 (on November 20). I do not think there was any violation (of the MCC). They (EC) can check the advertisements given in newspapers till the day of polling. Prime Minister Narendra Modi too was speaking in Jharkhand on the day of polling, but in a part of the state where polling is due in the second phase,” Mir told The Indian Express.

On the delay in releasing the manifesto, a senior Congress leader in Jharkhand said the document was ready much in advance. “We had already announced guarantees with our allies but wanted to have a separate manifesto, so we released it (on Tuesday). I do not think there is anything wrong with it,” the leader said.

The document, released by the party’s manifesto committee chairperson Bandhu Tirkey, promises the 1932 Khatiyan-based domicile policy and the implementation of the Sarna religious code for tribal communities apart from a caste census and 250 free units of electricity.

The eighth and last paragraph of the MCC pertains to “guidelines on election manifestos”, which the poll panel formulated after consultation with political parties in 2015 following a 2013 Supreme Court directive.

The EC agreed with the parties that though it was the latter’s right to draft manifestos, some guidelines could be framed in the interest of free and fair elections.

The MCC mandates that the manifestos “should not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of the MCC”. It also says that parties should avoid making promises that are likely to vitiate the election process.

In 2019, the EC amended Para 8 to add that in case of a single-phase election, the manifesto shall not be released during the prohibitory period.

The MCC has laid down rules even for multi-phased elections. “In case of multi-phase elections, manifestos shall not be released during the prohibitory periods, as prescribed under Section 126 of the Representation of the People Act, 1951, for all the phases of those elections,” the MCC rules read.

While the MCC is a moral code of ethics, the Representation of the People Act, 1951, carries penalties for violations.

Section 126 covers “prohibition of public meetings during a period of forty-eight hours ending with an hour fixed for conclusion of poll”. According to this Section, no person shall convene, hold, attend, join or address any public meeting or procession in connection with an election in the 48-hour period.

It also prohibits displaying any election material to the public “by means of cinematograph, television or other similar apparatus”. Violating Section 126 could attract a fine and/or two years imprisonment. However, the Section does not mention the word manifesto directly.

In 2014, when Narendra Modi was its prime minister face for the first time, the BJP released its manifesto on April 7, the day of Phase 1 of the Lok Sabha polls. However, it was done before the poll panel amended the MCC to prohibit releasing manifestos in the silence period.

The Jharkhand BJP has lodged a complaint with Chief Electoral Officer K Ravi Kumar, who has examined the matter and sent a report to the poll panel. Kumar has held that the release of a manifesto during the silence period is a violation of the MCC. While the MCC does not include penalties, the EC is empowered to take action, including issuing warnings or censures, directing an FIR to be filed under the Representation of the People Act and placing a ban on campaigning by leaders or candidates, in the case of a violation.