The Supreme Court on Monday stayed the October 30 order of the Election Commission of India (ECI) revoking the ‘star campaigner’ status of former Madhya Pradesh Chief Minister Kamal Nath.
Chief Justice of India (CJI) Sharad A. Bobde, heading a three-judge Bench, said the Commission had no power to determine who should be ‘star campaigner’ of a political party.
Also read: M.P. bypolls | EC revokes star campaigner status of Kamal Nath
“Who gives you the power to determine who is the leader of the party... We are staying this order. You have no power”, Chief Justice Bobde told the ECI, represented by senior advocate Rakesh Dwivedi.
‘Petition is infructuous’
Mr. Dwivedi said Mr. Nath’s petition against the October 30 order was already infructuous as the campaigning for bypolls to 28 Assembly seats in Madhya Pradesh was already over and polling is on November 2.
Also read: EC advises Kamal Nath not to use words like ‘item’ again
“Never mind, we will examine this case closely... You have no power”, Chief Justice Bobde said.
On October 30, the ECI found Mr. Nath guilty of violating the Model Code of Conduct (MCC) in place for the by-elections.
The ECI revoked his name on the basis of a complaint from the BJP that Mr. Nath derogatorily referred to its candidate, Imarti Devi, as an “item” during a campaign rally at Dabra in Gwalior district.
‘It’s party’s prerogative’
Mr. Nath, represented by senior advocate Kapil Sibal and advocates Varun K. Chopra and Gurtejpal Singh, said it was the prerogative of his party and not the ECI to remove his name as a ‘star campaigner’.
“Section 77(1) of the Representation of People Act, 1951 read with Guidelines for Star Campaigners issued by the Election Commission, from time to time, makes selection/revocation of ‘star campaigners’ the sole prerogative of the political party”, the petition said.
Mr. Nath said the “honour, dignity and safety of women have been one of the paramount pillars of his work as a Chief Minister, Union Minister and Member of Parliament since 1980 onwards”.
There was not a single allegation of misconduct or ill-tempered remark against women attributed to him, he stated.
He urged the court to frame “appropriate guidelines for speeches during campaigning by star campaigners/ campaigners, keeping in mind the right to freedom of speech and expression and concept of democratic elections”.
The revocation of his name from the ‘star campaigner’ list impeded “the principle of free and fair and level playing field in elections”, he said.
BJP’s complaint
The petition explained how the ECI first issued notice on October 21 to Mr. Nath on a complaint by the BJP submitted on October 18 for violating the MCC at the Dabra rally.
Mr. Nath replied on October 22 that the remarks were “completely misunderstood without context and highlighted that there was no malice or intent to disrespect on his part”. He said he had regretted the remark and issued a clarification the very next day.
On October 26, the ECI held that he violated its code of conduct advisory and “advised him to not use such words or statements during the period of Model Code of Conduct”.
However, on October 30, the ECI revoked his ‘star campaigner’ status from the list submitted by the Indian National Congress on October 19.
Reacting to the Supreme Court's observation, the Election Commission said it will file a reply at the earliest. "Hon'ble Supreme Court is supreme. EC has been given an opportunity to file a reply in the matter, which shall be filed at the earliest," it said.
