The Supreme Court on April 30 asked the Election Commission of India (ECI) to explain its silence on the Congress’s complaints against alleged hate speeches and misuse of the armed forces as political propaganda by Prime Minister Narendra Modi and BJP president Amit Shah.
A Bench led by Chief Justice of India Ranjan Gogoi gave the Commission time till May 2 to file its response. However, it allowed the ECI to pass whatever “appropriate orders” on the pending complaints.
146-page petition
In one of the most direct attacks against the ECI, a 146-page petition filed by Congress lawmaker Sushmita Dev said there was one set of rules for Mr. Modi and Mr. Shah and another for the rest of the candidates.
The Congress said 40 representations of violation of the Model Code of Conduct (MCC) were moved in the ECI so far, but no action had been forthcoming from the poll body, which should be devoted to the concept of free and fair elections in a democracy.
The delay in action, the Congress said, was a deliberate action itself.
Since March 10, the general election was notified, Mr. Modi and Mr. Shah had “specifically in sensitive areas and States, ex-facie violated the provisions of the Representation of the People Act and the Election Rules and the process.”
The petition said, “It is in public domain that they have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition on the same by the ECI.”
It narrated how “the Prime Minister in blatant violation of the MCC held a rally on the day of polling in Gujarat on April 23, 2019 i.e. date of voting for the third phase of the election.”
‘Utterances in violation of MCC’
The petition detailed the various reported utterances of Mr. Modi that allegedly violated the MCC, from portraying Congress president Rahul Gandhi's choice of Wayanad as “a seat where the minority is majority” to the calling for votes in the names of the CRPF soldiers killed in the terrorist attack in Pulwama.
The petition alleged that lack of action by the ECI against the Mr. Modi and Mr. Shah was a “tacit endorsement” of their statements and clean chit to the individuals.
“Inaction on the part of the ECI is a sign of invidious discrimination and is arbitrary, capricious and impermissible... certain selected very powerful individuals have been permitted to gain an unfair electoral advantage by their material infractions of the RP Act, Election Rules and the MCC,” it said. Such brazen violations were neither minor nor procedural, in any manner.
Recounting how leaders like Mayawati were banned from campaigning for 72 hours for violating the MCC, the lack of action against Mr. Modi and Mr. Shaw despite cogent evidences, representations and exhortations to the ECI “demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field in ensuing General Elections for the Lok Sabha.”
The petition said, “The inactions, omissions and commissions by the Respondent/ECI are in complete and direct violation of Articles 14 and 21 of the Constitution and which are impeding free, fair and unbiased General Elections, 2019.”
