Plea In Supreme Court Seeks Action Against PM Narendra Modi For Alleged MCC Violation By April 18 Speech
A writ petition has been filed in the Supreme Court seeking directions to the Election Commission of India to take action against the televised address by Prime Minister Narendra Modi on April 18, 2026, a day after the Constitutional (131st Amendment) Bill, 2026 was defeated in the Lok Sabha.
“The broadcast constituted a misuse of state machinery and official media for electoral gain, targeted at specific opposition political parties by name, and was delivered without any sanction, authority, or justification under the Constitution or any law. The Petitioner contends that such inaction on the part of the ECI is arbitrary, unconstitutional, and constitutes an abdication of its solemn constitutional mandate”, the plea states.
The petition was been filed by Congress MP TN Prathapan from Kerala.
The petitioner has sought a direction from the Court to the Election Commission of India to issue a show-cause notice to Prime Minister Narendra Modi and/or the Bharatiya Janata Party over the alleged violation of Section VII (4) of the Model Code of Conduct and Section 123(7) of the Representation of the People Act, 1951.
The plea alleges that the address amounted to violation of Section 123(7) of the Representation of the People Act, 1951 as well as Model Code of Conduct in place since March 15, 2026 due to assembly elections in Assam, Kerala, Tamil Nadu, West Bengal and Puducherry.
The plea highlights that the Prime Minister delivered a nationally televised address at around 8:30 PM on April 18, 2026 over Doordarshan and Sansad TV, both government-funded channels, during the period when the Model Code of Conduct was in force for ongoing Assembly elections.
In his address, the PM named and criticised opposition parties including the Indian National Congress, Trinamool Congress, Dravida Munnetra Kazhagam and Samajwadi Party, and urged voters to hold them accountable in elections.
“The address delivered by the Prime Minister was overtly partisan in both tone and substance. In the course of the broadcast, he expressly named and criticised opposition parties, including the Indian National Congress, the Trinamool Congress (TMC), the Dravida Munnetra Kazhagam (DMK), and the Samajwadi Party, attributing to them opposition to the Nari Shakti Vandan amendment and calling upon the electorate to hold them accountable at the ballot box. The address was delivered in the midst of an ongoing election cycle and was clearly designed to influence electoral outcomes by promoting the prospects of the ruling party while prejudicing those of its political opponents”, the plea highlights.
The petition, filed by former INC MP TN Prathapan from Thrissur constituency, alleges that the broadcast was “overtly partisan” and was intended to influence electoral outcomes in favour of the ruling party.
Prathapan has contended that the use of state-funded media for such a broadcast amounts to misuse of official machinery and violates Section VII(4) of the Model Code of Conduct, which prohibits use of public resources and official mass media for partisan political publicity during elections.
“The cumulative effect of these facts renders the broadcast a clear and egregious instance of the misuse of official machinery and state-funded media for partisan electoral purposes, in direct violation of Section VII (4) of the Model Code of Conduct”, the plea states.
He has further alleged that the broadcast constitutes a corrupt practice under Section 123(7) of the Representation of the People Act, 1951, which bars obtaining assistance from government machinery to further electoral prospects.
“Furthermore, the use of official governmental resources and institutional apparatus by the Prime Minister—who is also the principal campaigner of the ruling party—for the advancement of the electoral interests of the ruling party and to the detriment of opposition parties, squarely attracts the prohibition contained in Section 123 (7) of the Representation of the People Act, 1951, and constitutes a “corrupt practice” within the meaning thereof”, the plea adds.
The petitioner claims that he submitted a representation to the Chief Election Commissioner on April 19, 2026 seeking issuance of a show-cause notice, withdrawal of the broadcast and a temporary ban on further campaigning by the Prime Minister.
However, no acknowledgment or action was taken by the ECI following the representation, despite being vested with powers under Article 324 of the Constitution to ensure free and fair elections, the plea states. It contends that this inaction has resulted in denial of a level playing field to opposition candidates during an active election cycle.
“Elections are time-bound processes. The harm caused by the misuse of official media for partisan electioneering cannot be undone after the polls. Voters who watched the Prime Minister's address on Doordarshan and Sansad TV have already been exposed to its partisan content. Every day of inaction by the ECI compounds this prejudice”, the plea states.
On locus, the petition states that Prathapan is a candidate in the 2026 Kerala Assembly elections from the Manaloor constituency and was directly affected as a member of an opposition party named in the broadcast. The plea contends that his fundamental rights under Articles 14 and 19(1)(a) were violated, as they include his right to contest free and fair elections on a level playing field.
The petition seeks directions to the Election Commission to issue a show-cause notice to the Prime Minister and/or the Bharatiya Janata Party for violation of the Model Code of Conduct and the Representation of the People Act.
It also seeks directions to the Union of India to remove the broadcast from official platforms and to have the Election Commission complete an inquiry for violation of S.123(7) within a time frame fixed by the Court.
The writ petition was filed through Advocate-on-Record Suvidutt M.S.
Case no. – Diary no. 24600/2026
Case Title – T.N. Prathapan v. Election Commission of India & Anr.