On May 22, the Election Commission of India (ECI) sent two directives, one each to BJP national president J.P. Nadda and Congress president Mallikarjun Kharge, asking them to be “dutiful towards special responsibility of Star Campaigners of the party and issue formal notes to them to maintain decorum in their utterances.” The latest directives were issued after it received responses of the parties following the MCC notices that were issued to BJP and Congress on April 25 on the complaints submitted by the rival parties against each other. In the direction issued to BJP, the Commission has asked the party to refrain from campaigning along “religious/ communal lines” or to make statements “which may which may divide the society”. Similarly, it directed Congress to avoid making “potentially divisive statements” regarding the socio-economic composition of Defence forces, and statements which give false impression “that the Constitution of India may be abolished or sold”. Notably, the directives did not name the speaker(s) of the impugned speech (es) as the ECI kept identifying the speaker(s) as “a star campaigner of your party”, “another Star Campaigner”, “yet another Star Campaigner”, “the same Star Campaigner”, and “many Star Campaigners”.

In a general observation common to both the directives, the Commission observed that “Elections are a process when a political parties, not only contest to win, but also avails the opportunity to present themselves in their ideal best for the voting community to experience, emulate and build hopes on. The second part constitutes the more precious heritage of Indian elections and our electoral democracy and this should not be allowed to be weakened by anyone, including your party”. The ECI also cautioned that the utterances of the concerned politicians “follow patterns and create narratives which can be damaging beyond the MCC period.”

Moreover, the ECI has found the responses given by the parties untenable and said that the violations continue unabated even after the formal notices were issued to the parties on April 25 this year. As a corrective measure it has asked the party presidents to ensure compliance with the Model Code of Conduct (MCC), the Representation of the People Act, 1951 (RPA), and ECI Advisory.

Directions to BJP

The Commission’s directive to BJP notes that the response sent by BJP on May 13 to the ECI with regard to the MCC violation notice maintains that the statements of its Star Campaigners relied on “facts” to expose the malintent of INC citing the statements made by INC campaigners about institutional survey, Sam Pitroda’s inheritance tax remark, and other video links. The direction cites at least 15 statements and remarks made by BJP’s campaigners attacking INC and opposition INDIA alliance covering the thematic issues of Ram Temple, Hindu religion, SC/ST quotas and reservation, Muslim appeasement, and the allegations made against INC, accusing the latter of supporting Pakistan and receiving funding from terror groups.

The directive highlighted several impugned statements of the Star Campaigners of the ruling party, for example, it cited various complaints made by the INC:

1. “Vide INC complaint dated 26.04.2024 it has been alleged that a star campaigner of your party made following statement: ‘Yeh aapki sampati ka baantne ka kaam kisko karenge, Bangladeshi ghuspaithion ko, Rohingyas ko, jo videshi aaye hai ghuspaithiyein, usko kar denge yeh log. Kya yeh Hindustan isko swikar kar paayega kya.’”
2. “INC filed a complaint dated 06.05.2024 against another Star Campaigner inter-alia alleging that: He with the malafide attempt to incite and provoke the general public against the INC labelled a particular religious community as ‘terrorists’ and falsely accused that the INC was promoting the interests of such religious communities to the exclusion of the general public; and fomenting social tensions within the society by creating a divide based on religion, caste and classes.”
3. “Another complaint dated 06.05.2024 was filed by INC alleging that your party’s star campaigner: “falsely claimed that the Congress would grant reservation to a particular religious community over the SC, ST and OBC communities by changing the Constitution”.
4. “Vide INC complaint dated 12.05.2024, it has been alleged that yet another Star Campaigner has allegedly delivered a statement: “with the intention of (i) invoking religious sentiments of general public; (ii) misleading the voters with their allegations that the Indian National Congress (INC) did not support the construction of the Ram Mandir and that the INC was deriving its funding from terrorist organizations.”
5. “The INC, vide complaint dated 15.05.2024 complained that a Star Campaigner made the following statement: ‘Aur isiliye jab chunav aa gaye hain Modi ji ka virod do hi log kar rahe hain, ek jo ram drohi hain aur dusra jo Pakistan ka samarthak hain.’”

The ECI observed that the party has made a generic assertion that its Star Campaigners never made statements not based on facts or targeting specific individuals, without denying the fact that such statements were made in their public campaign speeches. Summarising the position of BJP, the ECI directive notes that “your reply invokes a unilateral drawing of inferences and interpretations of alleged previous statements of opposite party’s Star Campaigners. However, such response ought not to raise or, aggravate anxiousness amongst citizens/electors on the basis of ascribable identity by use of suggestive expressions…” The Commission also observed that as a ruling party, it has an extra responsibility to conform with the provisions of the MCC. As the ECI found BJP’s response “not tenable”, it directed the BJP party president JP Nadda to direct all its star campaigners to refrain from making statements prohibited under MCC and which may divide the society on religious or communal lines. The Commission said that is expects both the parties to “fully align the campaign methods to the practical aspects of the composite and sensitive fabric of India.”

Directions to Congress

The directive issued to Congress says that the party’s defence of the statements made by its Star Campaigners relies on “3 broad axis”, namely, (i) denial of fact as alleged per se; (ii) arguing that the statements are not violative of MCC as they are mere rebuttal of previous accusations or in some cases de-contextualised and (iii) MCC provides a special footing to opposition party and therefore the statements have to be adjudged on a different footing. Notably, the Indian National Congress (INC) had responded to the ECI on May 6, following the notice issued to it on 25 April this year on BJP’s complaint.

In its latest direction to INC, the ECI observed that the party’s response to its April notice highlighted the “repeated” and “egregious violations” by the ruling BJP and defended its own statements as being taken out of context. Taking into consideration the role of opposition party, the directive reads, “the MCC already takes into account the unevenness of power and authority between Opposition and the Ruling Party…however does not allow unlimited extra space to the opposition, bordering on an immunity from MCC provisions.”

The Election Commission cited 5 speeches that were alleged to be violative of the MCC, these include speeches made by INC’s Star Campaigners accusing BJP of promoting “one nation, one language”, attacking the PM over the Agnipath Scheme, alleging that BJP has an intention to change the Constitution, and suggesting that BJP discriminates against Adivasi’s, Dalits, and poor.

Against the statement made by a Star Campaigner of INC that BJP might change the Constitution, the directive observed that the party president is aware that the Members of Parliament take oath to bear true faith and allegiance to the Constitution of India and therefore, “making statements that anyone can either abolish or sell or tear apart the Constitution of India etc. is alleged to be instilling fear in the mind of voters about an uncertain future and an attempt to spread anarchy in the country.” Furthermore, on the critique of the Agnipath Scheme, it said that the MCC has a specific prohibition against use of armed forces for campaigning purposes.

As the ECI did not find the party’s response tenable, it asked INC president to direct all its Star Campaigners to refrain from “giving statements which give false impression that the Constitution of India may be abolished or sold” as well as to desist “from indulging in any political propaganda involving activities of the Defence forces and not to make potentially divisive statements regarding socio-economic composition of Defence forces”.  It also asked the opposition party to strictly follow the MCC, RPA and ECI advisory, as well as to inform its Star Campaigners regarding the same.

Notably, in both the directives, ECI observed that the speeches are alleged to not only violate the provisions of MCC but also borderlines corrupt practice under section 123(4) of the Representation of the People Act, 1951, which prohibits candidates from making false statements affecting the candidature of other candidate(s) in the fray.

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Since the announcement of the seven-phase schedule for the Lok Sabha polls on March 16, the Model Code of Conduct has come into effect. This further rigorously puts in place avowedly strict guidelines for campaigners, parties and their candidates. As a part of the effort  to track and counter hate, Citizens for Justice and Peace has been rigorously tracking provocative and inflammatory speeches being delivered across India, especially –but not only–during election time.   

Compiled below is our HateWatch Monitor’s listicle of the instigating speeches delivered in the past fortnight, between April 8 and April 23. The hate offenders (speakers) are leaders from the far-right, including Bharatiya Janata Party leaders, who have either singled out and stigmatised the Muslim community and culture in their speeches, or used religious symbols including places of worship to garner voter support. All these individually and together violate the Representation of Peoples Act, 1951 and are defined as “corrupt practices” under this law. None have been rigorously called out or prosecuted as a compliant Election Commission of India (ECI) turns a blind eye. A common theme in these speeches were exhortations to violence against Muslims and for the destruction of Mosques, with the objective of converting India into a Hindu nation. 

1. Location: Sirohi, Rajasthan

Date: April 23

BJP leader Mahant Balaknath Yogi delivers communal speech using Muslims to attack the incumbent CM of Rajasthan, namely Ashok Gehlot. He brought in the topic of cow smuggling while defending cow vigilantism.

Speech: 

“Last time, appeasement politics took place in Rajasthan. You must remember the Jaipur incident and the way in which these people slit the throat of a Ram follower and killed him brutally. On the other hand, these people gave a compensation 50 lakhs to someone who was killed in a road accident. Who gave them [Congress party] the right to give money earned by the people of Rajasthan to others in this way?”

“So many sisters and daughters had their honours snatched. So many innocents were killed brutally. No money was given to us. While these people go on giving 50 lakhs to road accident victims of a particular community.”

“In another alleged incidents, a cow smuggler was killed in Alwar. Even when the incident took place in another state, our CM [incumbent CM Ashok Gehlot] had gone to their house to give them money. The deceased had multiple cases of cow slaughter and sow smuggling against him. They went and gave 25 lakhs to them. do you want to support such a man?”

The post can be viewed here:

2. Location: Budhwar Peth, Nashik, Maharashtra 

Date: April 22

Far-right social media influencer Harsha Thakur delivered a provocative speech against Muslims, peddling conspiracy theories and advocating call to arms. As per Hindutva Watch, the event at which the said speech was delivered had been organized by Sakal Hindu Samaj. 

“Learn how to take up arms. Anyone can wear a Burqa. If you leave your religion, not your caste but your religion, then you will be cut into 35 pieces. You will then only be found in suitcase or fridge. Read your religious texts and take up arms. Become hardcore and loyal towards you own religion.”

The post can be viewed here:

3. Location: Faridabad, Haryana

Date: April 14

Gau Raksha Dal leader Bittu Bajrangi delivered an inflammatory speech targeting Muslims of Mewat. Accusing them of being involved in crimes and cyber frauds, the speaker who is himself out on bail, peddled many anti-Muslim conspiracy theories.

The speech:

“They say that they are Mewatis (Muslim residents of Mewat). And we know that that they are Mewati as all of the terrorists, thieves and thugs are from there only. All the cyber frauds that are happening are from there only. They cannot keep themselves clean how ill they clean the surroundings.”

“This Maulana from Delhi, belonging to Jamiat-ul-Hind, has openly offered 100 acre plots of lands to those who conspire against Hindus, more to the ones that do more damage and kill more people.”

“In Mewat, 1500 cows are getting slaughtered every day, who is responsible for that?their Muslim minister call those who protect cows as goons. Those shameless Hindus who live there also hear that Muslim minister say it. Had it been someone like me, I would hold the neck of that man and throw him out.”

The post can be viewed here:

4. Location: Lucknow, Uttar Pradesh

Date: April 12

Communal speech targeting Muslims delivered was delivered by an unknown speaker at Antarrashtriya Hindu Parishad (AHP) event where anti-Muslim sentiments were spread. 

The speech:

“We need to be aware. Ask those who live in a Muslim dominated society how important awareness is. Ask those who live in Kashmir or Hyderabad. Pick up a newspaper and you will read the crimes that these Maulanas are doing. We need to be aware about our history.”

The post can be viewed here:

5. Location: Moshi, Pimpri-Chinchwad, Maharashtra

Date: April 10

Hindu Rashtra Sena Chief Dhananjay Desai, a frequent hate offender, indulges in fear mongering against Muslims.

The speech:

“Chanting of this Swami name is still going on; it was also done earlier in Sindh Punjab and Bengal. But now Bengal has become Bangladesh. Sindh Punjab has become Pakistan. And Kashmir which is our god land has become Pakistan Occupied Kashmir.”

“Here also some scheming is going on to create some horrible situation. Kashmir Files is a true incident that haunts Kashmir. The producer said that anyone who thinks this is extreme depiction of the situation should go and file lawsuits. I have made the entire film like a documentary.”

“All the mothers and sisters have come here; the devotees of Swami have come. Swami who recites are devotees. Because unless the mother is a devotee, without a good womb, without good blood, a Swami devotee cannot be born. Aren’t you a devotee of Swami, this is not just your devotion, your parents also deserve it.”

The post can be viewed here:

6. Location: Ahmedabad, Gujarat

Date: April 9

Sudarshan News Editor-in-Chief Suresh Chavhanke delivered an anti-Muslim hate speech. he used slurs, raised calls for violence and taking up of arms, and even demanded changing the name of Ahmedabad city of Gujarat. While promoting anti-Muslim conspiracy theories, he called for law for population growth of Muslims.

The speech:

“If you want to ensure that your children do not have to indulge in a blood bath in the future, we need to let play with sticks and rods today.”

“If these K***h M***e (anti-Muslim slur) have the audacity to say that they will demolish a temple eve as we have Modi as our PM, Yogi as our CM and Amit Shah as our HM, just think of what they will do in the dark times ahead.”

“Those who will limit themselves to only keeping a pen in their hands will regret it. In the future, they will have to bow down to these Muslims. It is essential that we pick arms. We need to keep arms in one hand and a pen in the other.”

“Keep in mind that even one rupee donated to a green chaddar will result in a white chaddar for you.”

“Why do we keep referring to this heritage city as Ahmedabad? Do we want to be introduced by “Ahmad?” we should start calling it as Karnavati.”

The Hindu population rate is 1.3, while the Muslim population rate is 2.9. the Hindu population is decreasing. In a few years, Hindustan will not remain Hindustan. our ancestors dedicated their lives to save this nation, but will it remain free in the coming few years? To save our nation, we need to introduce a policy on population control.”

“We need to stop this whole programme of 4 wives and 52 kids.” 

The post can be viewed here:

7. Location: Barmer, Rajasthan

Date: April 8

Religious preacher Dhirendra Krishna Shastri promoted anti-Muslim conspiracy theory of “love jihad” and forced religious conversion. He also raised calls for destruction of mosques in Kashi and Mathura.

The speech:

“I hope my Hindu brother to ensure that no Hindu converts. I would also suggest my Hindu sisters to keep their eyes and ears open, these people come wear Kalava as well. Do not trust them at all, do not get trapped into “Love-Jihad”.

“Till now, only Ram has been welcomed back. Ayodhya and Kashi are just trailers, Mathura is still yet to happen.”

“Earlier we use to say ‘Lord Ram we will come and make the temple’, and now we say to Lord Krishna that we will feed him cream there only”.

“I want to make it clear that if there is an attack on our religion, I will give a fitting response to the same. I am a Hindu and I will only talk about Hinduism.”

The post can be viewed here:

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The post Elections 2024: The lead up to the first two phases of voting have seen far right leaders deliver anti-Muslim hate speech across India appeared first on SabrangIndia.

Member of Parliament (MP) from the Rajya Sabha, Saket Gokhale has filed a complaint with the Election Commission of India (ECI) alleging clear violations Modi for using an Indian Air Force helicopter to attend an election rally in AC 96-Chilakaluripet in Palnadu, Andhra Pradesh yesterday.

He has stated in his public disclosure on ‘X’ (formerly twitter) that the ECI’s own statutory laws and rules say so.

Complaint against PM Modi with ECI for violating code of conduct

Filed a complaint with the Election Commission against Modi for using an Indian Air Force helicopter to attend an election rally in AC 96-Chilakaluripet in Palnadu, Andhra Pradesh yesterday

EC rules prohibit… pic.twitter.com/vHp8ooE32Z

— Saket Gokhale (@SaketGokhale) March 18, 2024

Narendra Modi, prime minister, used an Indian Air Force helicopter to attend an election rally in AC 96-Chilakaluripet in Palnadu, Andhra Pradesh on Sunday March 17. ECI rules prohibit use of state machinery for campaigning and as Gokhale says in his complaint, former PM Indira Gandhi was disqualified in 1975 for this very reason. He then asks if the Bharatiya Janata Party (BJP) paid for renting of the IAF helicopter and if so, the ECI should respond to the public and explain the ground of why an IAF chopper was essential. (CMs and Other Z+ protectees use normal VVIP choppers which also have security features)’

Finally, he points out recent announcements of the ECI that state that any code of conduct violations will be dealt with strictly.

“Let us see if ECI initiates any probe or any action against PM Modi for using an IAF chopper for election campaigning” for himself and his party!

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The Indian Express also reports that the Congress complaint termed the speeches by Modi and Shah as “false, derogatory and vitriolic”.

Senior advocate, MP and Congress Working Committee member Abhishek Singhvi told the media, “The first [of the three complaints was]…the Hon’ble Prime Minister talking in idiom and calling the opposition leaders Murkhon ka Sardar [leader of fools]. The second is the one which actually involves the home minister in which he has ascribed the ‘Rahu-Ketu’ syndrome to the leaders of the Congress party.”

The Congress stated, “These provocative statements are being made deliberately as part of a consistent pattern of personal, unproven and baseless attacks made against the Gandhi family since 2013. Not once since then has the Hon’ble Commission stepped in to correct the discourse and take action against these offenders. It is high time that the Hon’ble Commission enforce its mandate against the individuals in question who are habitual offenders in this regard. No matter how high they may be, no individual is above the law in a democracy governed by the Constitution of India and the law must apply to all equally.”

EC Silence on complaints about Modi and Shah?

Complaints of the PM Narendra Modi allegedly defying norms and rules of the model code of conduct (MCC), made by the opposition and not getting a response from the Election Commission were first remarked upon during the 2019 general elections. Referring to Congress president Rahul Gandhi’s decision to contest from Kerala’s Wayanad, Modi, in Wardha on April 1, 2019, had said the party is taking “refuge in areas where the majority is in minority”.

EC had then held that there was “no such violation” of the code. There was also a storm over Modi in speeches on April 1 and April 9, 2019 in Maharashtra, where he was alleged to have made references to the India’s defence forces when making an appeal for votes. But the EC found nothing wrong.

During the Karnataka state assembly elections in May 2023, Modi said, “Chant ‘Jai Bajrang Bali’ while casting your votes.” He was also reported to have said,“Please cast your vote and do not forget to chant Jai Bajrang Bali when you exercise your franchise.” But the EC did not make any comments about the connection Modi drew.

Ashok Lavasa (now retired) was the only member of the EC who in 2019, refused to give a clean chit to PM Modi and Amit Shah, in as many as five cases of alleged violations, as internal documents of the EC were reported upon by The Indian Express. He was, in an unprecedented and shocking move for a person set to be the next chief election commissioner, eased out shortly after the BJP’s re-election and Lavasa joined the Asian Development Bank. Subsequent deployment of central agencies was also deemed controversial.  

Congress’ concerns over MP and Telangana

The alleged attempts at “tampering of postal ballots” by the District Electoral Officer in Balaghat in Madhya Pradesh were also raised by the Congress delegation and they sought “immediate action” against the officials responsible. Singhvi said they had evidence, that “shows the District Election Officer tampering with postal ballots”. He said, after the meeting with the EC, “we raised the issue directly with the Election Commission as to who will guard the guardians? Who will guard the guardians, who will police the guardians?”

The video had been submitted to the EC. Madhya Pradesh Congress chief and former chief minister of Madhya Pradesh, Kamal Nath has also posted the video on his social media handle and questioned the neutrality of EC officials concerned.

The third complaint the Congress discussed was their serious apprehension that just ahead of the polling in Telangana, due on Thursday, the ruling Bharat Rashtra Samithi (BRS) may try to defy the ban on campaigning during the ‘silence period’ through other means. They urged the EC to ensure this does not happen.

Both Singhvi and former union minister Salman Khurshid went to the EC. Congress treasurer Ajay Maken and senior leader Dr. Ajoy Kumar joined the meeting online.

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The Election Commission after receiving this Model Code of Conduct (MCC) violation complaint regarding the government’s plan to involve bureaucrats in a “yatra” to showcase the Narendra Modi government’s achievements, has decided to examine it, sources told the newspaper on October 23, Monday.

The EC had “just received the complaint” and would “look into it”, a top official said.

Referencing an October 14 order, the Union Agriculture Ministry had also made plans for holding a nationwide “Viksit Bharat Sankalp Yatra” from November 20 to January 26 to create awareness about the Modi’s government’s work over the past nine years even as the EC on October 9 announced Assembly poll schedule in Chhattisgarh, Madhya Pradesh, Rajasthan, Mizoram and Telangana.

The MCC came into force from the time polls were announced on October 9.

In a short but strongly worded letter to the three-member Commission on October 21, retired IAS officer E A S Sarma said the instructions issued by the Department of Personnel on October 17 to all ministries to nominate officers as “district rath prabharis” was a “brazen infringement” of the MCC. He also said that the instructions would be a misuse of government machinery for influencing voters. Sarma asked the EC to direct the government to revoke the instructions and impose a penalty on those involved.

On Monday, October 23, in another letter to the EC, Sarma said public servants taking part in any activity that was likely to influence voters was a violation of the Central Civil Services (Conduct) Rules.

Related:

Modi 2.0 govt’s instructions to turn govt officers to “Rath Prabharis” is a brazen infringement, former bureaucrat approaches ECI, Opposition protests vociferously

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In a shocking display of impunity, an advertisement of the Bharatiya Janata Party (BJP) appeared on the front page of Dainik Jagran, a popular Hindi newspaper, on March 7, 2022, the last day of polling for the Uttar Pradesh Assembly Elections. This is a clear violation of the Model Code of Conduct (MCC) of the Election Commission of India (ECI). Therefore, CJP has written to the ECI as well as the UP State Election Commission (SEC) to bring this blatant violation to their attention, and demanded action against the same.

The complaint states that the publication of the said advertisement does not only violate the MCC issued by the ECI, but also constitutes offences as per the provisions of the Representation of People’s Act, 1951. Moreover, it also goes against the guidelines of the Press Council of India.

The complaint brings to the attention of the Commissions, how a political advertisement on a poll has the potential to alter people’s perceptions and their voting behaviour even if it is at the very last moment. It further states that inaction against the party in power, poses a threat to democracy, and brazenly mocks the conduct of free and fair electoral process.

Moreover, as per the Guidelines of the Press Council of India, the letter invokes the obligation of the press to scrupulously avoid publishing political advertisements, especially those designed to further the prospects of the party in power, during the election period.

For a better understanding of the gravity and implications of the said publication, it even compares the impact of a front-page political ad in print media on the day of polling to that of publication of exit poll results before the end of all phases of the election.

Therefore, considering the dangers of paid news, CJP wrote a letter to both Commissions on March, 10, 2022, asking them to call out such corrupt and electoral malpractice and requesting them to take strict action against the BJP.

The complaint may be read here: 

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As voting for Assembly Elections concluded on March 7, social media was abuzz with hundreds of allegations of poll code violations. The Election Commission of India’s cVIGIL software application, which allows citizens to directly register complaints, reportedly received 47,393 complaints!

A whopping 40,395 were found to be correct, reported Hindustan Times. These complaints of violation of the Model Code of Conduct (MCC) are only related to the Assembly Elections in Uttar Pradesh, Goa, Punjab, Manipur and Uttarakhand held between February 10 and March 7. According to the report, the EC “takes action against a complaint within 100 minutes of it being lodged” and the complaints themselves range from “offers of cash and freebies to tampering of polling machines and use of foul language.”

The highest number of complaints were from Uttarakhand, with 24,774 correct complaints found to be correct and responded to, followed by Punjab with a total of 17,697 complaints, and “action was taken on 13,633”.

In Manipur, 860 complaints were lodged and action was taken in connection with 615 of these, and in Goa, 614 complaints were lodged and 351 were acted upon.  Interestingly there were only “2,375 complaints and 1,020 crackdowns” in Uttar Pradesh. 

However, on poll day March 7, serious allegations were made and even viral videos of self-confession by political workers saying “least 200 EVMs have been changed… arrangements will be made overnight,” etc surfaced. According to the news report, most of the complaints with EC were on “property defacement, followed by distribution of alcohol, freebies, religious and communal speeches and campaigning during the prohibited periods, according to official data”. This data isn’t sorted according to political party.

The EC Had appointed “special observers” in 63 “expenditure-sensitive constituencies” constituencies in Uttar Pradesh, Uttarakhand, Punjab and Manipur to keep an eye on misuse of money. Uttar Pradesh had the highest number of at 33 from a total of 403 seats.

According to a report in the Economic times, around 2,270 First Information Reports (FIRs) were registered across Uttar Pradesh, Punjab, Manipur, Goa and Uttarakhand this election season for violation of the model code of conduct and Covid-19 guidelines. The highest number of FIRs were filed in UP, and out of the 1,700 FIRs filed in UP, 1,236 were for violation of the model code of conduct while 464 were for Covid-19 related violations. It was reported that 464 FIRs were lodged in UP for violation of pandemic guidelines alone. Over 300 FIRs were lodged in Uttarakhand for violation of the model code and Covid-19 in- structions, 104 in Punjab, 106 in Goa and 26 in Manipur. 

The maximum mum FIRs were filed against the Samajwadi Party in UP for Covid-19 and model code violations, at 306. They are closely followed by the BJP at 256, against the Bahujan Samaj Party at 132 and the Congress at 99, reported ET.

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Losing candidate can be declared winner: Rakesh Tikait’s alert for UP Assembly Elections counting day  

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Image Courtesy: indiatvnews

A three member team comprising Chief Election Commissioner Sunil Arora, Sushil Chandra and Ashok Lavasa reviews complaints and rules on matters related to the violation of the MCC by candidates during elections. A unanimous decision is not compulsory and a majority decision is carried through. But according to The Tribune after Lavasa held a minority dissenting decision in at least four instances where his fellow commissioners ruled in favour of PM Modi and none of these dissenting decisions were recorded in the final orders, he reportedly wrote to the CEC recusing himself from all further hearings.

Citing correspondence that it has reviewed NDTV reported that Lavasa has stopped attending such meetings, quoting from Lavasa’s letter to the ECE dated May 16 that said, “Minority decisions recorded by me in several cases continue to be suppressed in a manner contrary to well-established conventions observed by multi-member statutory bodies.” The letter goes on to say “…It appears futile for me to participate in the deliberations of the commission until its lawful functioning is restored in terms of including the minority decisions recorded by me.” It adds, “In the present circumstances, I am left with no option but to keep away from such proceedings.”

However, in a statement released on Saturday, the CEC neither confirmed nor denied receiving Lavasa’s letter of recusal. Instead, it took to pointing out how it was all “an unsavoury and avoidable controversy reported in sections of the media” and that “three members of the ECI are not expected to be template or clones of each other.” The CEC seemed particularly displeased, not with the controversy itself, but that it failed to remain within the four walls of the Election Commission. The statement said, “There have been so many times in the past when there has been a vast diversion of views and it can and should be. But the same largely remained within confines of the ECI…” The statement also says that separate smaller groups were being formed to deliberate on 13 issues that rose during the course of the election and that one such issue was the Model Code of Conduct.

The entire CEC statement may be viewed here:

It is noteworthy that dissenting rulings were first pointed out in the Supreme Court during hearings in a case by Congress MP Sushmita Dev against clean chits to PM Modi and his close confidante BJP president Amit Shah. On May 6, senior advocateAbhishek Manu Singhvi who appeared for Congress MP Sushmita Dev in her petition before the Supreme Court submitted that in six of the cases disposed of, there were dissenting notes in five cases! He also submitted that the dissenting notes had not been supplied to them. 

 

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But the presence of roadshow participants dressed as deities of one particular faith appears to be a violation of this provision as do the chants of Jai Shree Ram. It doesn’t matter even if the people who were dressed as deities or chanting the religious slogans were or weren’t BJP workers or members. The fact that the party allowed them to participate in the rally despite violating the code of conduct and did nothing to stop them appears to make them at least partly complicit. It remains to be seen if the EC will take cognisance of this violation and hold the BJP accountable.

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Senior advocate and Congress leader Abhishek Manu Singhvi, who was appearing for Sushmita Dev, president of All India Mahila Congress, alleged that Modi and Shah have violated the MCC by indulging in hate speeches to polarise the voters and using the armed forces for ‘political propaganda’ since the day Lok Sabha elections were announced. It then accused the EC for a ‘less-than-a-lukewarm response’ to the numerous complaints.

The Congress has alleged that despite the EC clearly directing the political parties to not mention the defence forces in the election campaigns, as they are apolitical and neutral stakeholders in a modern democracy, the BJP, specifically Modi and Shah, have been using the Balakot air strike as their party’s courageous achievement.

On April 9, at a rally in Latur, Modi had urged the first time voters to dedicate their votes to the defence forces. Modi said, “I want to ask the first-time voter, can your vote be dedicated to those soldiers who conducted air strike on Balakot in Pakistan? Can your first vote be dedicated to those soldiers who were killed in Pulwama attack?” Adding further, he said, “We have ensured that terrorists are identified and killed, even if we have to enter other countries to do so.”
Nine days after a Kolhapur-based individual, Mahendra Singh, complained to the EC, it said that it was still reviewing the speech. A controversy had broken out when the complaint went missing from the EC’s website which was later said to be a ‘technical glitch.’ The EC then sought an explanation along with the speech transcript from the Maharashtra Chief Electoral Officer.

At another rally in Surendranagar, Gujarat, on April 17, Modi again brought up the Balakot air strike and said “Earlier terrorists from Pakistan would carry out attacks in our country and go back unscathed, threatening to launch their nuclear bombs if we retaliate. But we have the nuclear bomb of nuclear bombs. I told them to do what they want (but we will retaliate).” Later, at a public meeting in Sitamarhi, Bihar, Amit Shah praised Modi for his valiant response to cross-border terrorism for national security and said, “India is only the third country after Israel and United States to have retaliated to terrorism in this brave manner.”

The petition even mentions the roadshow-type-event and Modi’s speech after he cast his vote in Ahmedabad on April 23 saying that it is a violation of the MCC. Congress had approached the EC; however, it hasn’t responded yet.

Earlier this month, Uttar Pradesh Chief Minister Yogi Adityanath also triggered a controversy by referring to the Indian Army as “Modiji ki sena (PM Modi’s army)” – an assertion that was condemned by opposition parties as well as Army veterans.

The EC had even earlier drawn ire from the SC for its lenient approach towards the ruling party members this election season. Even the senior Congress leader P. Chidambaram accused the EC of failing to perform its duty and having a biased approach by brazenly ignoring the violations by the BJP. “According to me, the Election Commission has largely failed the people of India. It has been a silent spectator to the excesses of the BJP, Mr Modi’s utterances and the enormous amount of money that has been spent by the BJP,” Chidambaram said.

The petition states, “The lack of decision despite cogent evidence, representations and exhortations to the Election Commission demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field.” It further argues that the EC has been quick in acting against other candidates but has been “guarded and oblivious” to the complaints and evidence given by the Congress against Modi and Shah.

“The slow response of the ECI in this regard is also contended to be a tacit endorsement of Modi’s and Shah’s conduct, in effect giving them a clean chit despite MCC violations,” the petition said. It further noted that any action by the EC after the elections are over will be meaningless. Such “deliberate and wilful violations”, when unaddressed, “send a message of endorsement, not just to the offenders, but to all party functionaries down the line”, it said.

The petition has asked the court to direct the EC to expeditiously decide the complaints filed against Modi and Shah, “without any delay or demur, and in any case not later than 24 hours from the [court’s] order”.

The matter is scheduled to be heard on Tuesday by a SC bench headed by the Chief Justice of India (CJI), Ranjan Gogoi.

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