All political parties must comply with the Election Commission’s October 2016 directive not to use or allow the use of public funds, public places or government machinery to propagate their own claims, the Supreme Court has said.

The court, however, refrained from passing any direction on a plea for a CBI probe and the recovery of money from Bahujan Samaj Party leader Mayawati for installing certain statues with government funds when she was Uttar Pradesh chief minister.

Mayawati, whose last stint as chief minister came in 2007-12, had got statues built to herself, BSP founder Kanshiram, several social reformers and elephants, the party’s election symbol.

“However, it is necessary to observe that the instructions issued by ECI on 07.10.2016 or its modified or substituted version referred to above shall be complied with not only by respondent No. 2 (BSP) but all political parties in the country,” the bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma said in its order.

An advocate, Ravi Kant, and another person had moved a public interest petition in the Supreme Court in 2009 seeking action against Mayawati for allegedly misusing public funds and public places to install these statutes.

The petition was filed after Delhi High Court refused to entertain their plea. The high court had, however, issued certain directions to the Election Commission that culminated in the poll panel’s October 2016 directive to political parties.

“…No political party shall henceforth either use or allow the use of any public funds or public place or government machinery for carrying out any activity that would amount to advertisement for the party or propagating the election symbol allotted to the party,” the commission’s directive said.

After considering the BSP’s views, the poll panel passed a further order on January 5, 2017, saying that since the statues had already been installed, the 2016 directive could not be invoked retrospectively to take action against the party.

The commission also observed that in the light of the high court judgment and the poll panel’s October 2016 directive, any activity using public funds or government resources for propagating election symbols of any party, either by the party itself or by the government, could invite action against the party.

The apex court refused to interfere with the high court order.