The Supreme Court on Monday agreed to urgently hear a Congress petition that said the Election Commission of India's (ECI) continued silence on complaints about hate speeches and misuse of the armed forces as political propaganda by Prime Minister Narendra Modi and BJP president Amit Shah amounted to a "tacit endorsement" of their conduct. A Bench led by Chief Justice of India Ranjan Gogoi agreed to hear on April 30 the petition, which was urgently mentioned by senior advocate A.M. Singhvi and advocate Sunil Fernandes. In one of the most direct attacks against the ECI, the 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.
40 representations on violation of code of conduct
The Congress said that 40 representations on violation of the Model Code of Conduct (MCC) were moved in the ECI so far, but no action had been coming 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. The petition said that since March 10, when 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."
It stated, "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." The petition 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". The petition detailed the various reported utterances of the Prime Minister 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 a terrorist attack in Pulwama, Kashmir. The petition alleged that the lack of action by ECI against the Prime Minister 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, it added. Recounting how leaders like Mayawati were banned from campaigning for 72 hours for violating the MCC, the petition said that the lack of action against the Prime Minister and the BJP president 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". It 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."
