The Election Commission (EC) on Sunday directed the Goa Chief Election Officer to register of a case against Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal for alleged repeated violation of the Model Code of Conduct.
On January 8, during an election rally, Mr. Kejriwal reportedly asked the voters in Goa to accept money from other parties, but vote for the AAP.
In another communique, the EC warned Mr. Kejriwal against committing the same offence again.
Repeated ‘violations’
In its order to the Goa Chief Election Officer, the EC said: “Being the Chief Minister of Delhi and a star campaigner of AAP in Goa, he is expected to conduct in an exemplary manner so as to be a role model for others to emulate, but he has on several occasions violated provisions of the Model Code of Conduct by breaking his assurance to the ECI given during the Delhi Assembly elections in 2015,” said the order.
Based on the observations, the EC concluded that Mr. Kejriwal had violated Section 123(1) of the Representation of the People Act, 1951 read with Sections 171B and 171E of the Indian Penal Code (IPC). The IPC provisions attract imprisonment extending to one year.
“The Commission directs that necessary legal action be initiated by filing an FIR/complaint against Mr. Kejriwal for the statements in respect of the above on and after January 8. A compliance report should be sent to the Commission latest by 3 p.m. on January 31,” said the Commission.
AAP hits back
The EC action triggered a quick reaction from the Chief Minister’s media adviser Nagendar Sharma, who questioned the Commission’s independence and impartiality. His online responses were re-tweeted by Mr. Kejriwal.
“Within 24 hours of PM Modi dictating criticism of EC is not acceptable, EC orders registration of FIR against @ArvindKejriwal coincidence? Is Election Commission impartial & independent? One of the commissioners was chief secretary of Gujarat before he retired in 2013??... Election Commissioner [Achal Kumar] Jyoti never worked outside Gujarat in his entire career. 1975 batch IAS, he retired as chief secretary in Jan. 2013,” tweeted Mr. Sharma.
In response to media reports, the AAP said in a statement that the EC had simply directed Mr. Kejriwal not to make such statements and the communication to him did not convey that any criminal case had been registered against him.
Stating that the offence under Sections 171-B and 171-E of the IPC were non-cognisable and bailable, the party said no FIR can be registered for this particular offence. It maintained that Mr. Kejriwal’s remarks did not amount to inducement or abetment of bribery.