The Supreme Court on Monday refused to entertain the BJP’s plea challenging a Calcutta High Court order restraining the party from issuing poll advertisements directed against the Trinamool Congress in violation of the model code of conduct.

“We have seen the ads. Prima facie, the ads are disparaging,” a vacation bench of Justices J.K. Maheshwari and K.V. Viswanathan told senior advocate P.S Patwalia, appearing for the BJP.

“Your rival is not your enemy,” the bench added.

Though Patwalia persisted that the high court had passed the impugned order ex parte without hearing the BJP, the bench said: “You can say you are the best! This is not in the interest of the voters.”

It added: “We don’t want to lend our hands to promote further acrimony.”

Sensing the mood of the bench, Patwalia sought permission to withdraw the petition and it was granted.

The apex court, in its order, said: “Senior counsel appearing for the petitioner seeks leave to withdraw these special leave petitions in terms of the division bench order.

“However, it is open to the petitioner to contest the notices as issued by the single judge by filing their counter-affidavit/reply or any application filed by them, which shall be considered by the high court in accordance with law. The special leave petitions are accordingly dismissed as withdrawn.”

The BJP petition had claimed that the high court had passed the concurrent ex parte orders restraining the party from carrying out ads without hearing the party and also went “beyond the prayer sought by the All-India Trinamool Congress which was limited only to the grant of interim order directing ECI to take steps in accordance with law”.