Congress MP moves Supreme Court against ECI inaction over MCC violation complaints by PM Modi and BJP Chief Amit Shah

[dropcap]A[/dropcap] member of Parliament (MP) from the Congress party has approached the Supreme Court against the inaction of the Election Commission of India (ECI) on the multiple complaints filed against Prime Minister Narendra Modi and BJP President Amit Shah for alleged violations of the Model Code of Conduct (MCC) by them.

Senior advocate Abhishek Manu Singhvi today mentioned the petition before the Chief Justice of India (CJI) Ranjan Gogoi who agreed to list it for hearing on April 30, 2019.

The petition by Congress MP Sushmita Dev has alleged that ever since the date of the general elections 2019 had been notified, Prime Minister Narendra Modi and the BJP President Amit Shah, had violated provisions of the Representation of People  Act, 1951 and the Election Rules, especially in sensitive areas and states.

“The lack of decision despite cogent evidences, representations and exhortations to the Election Commission demonstrates abdication and indecision and a complete absence of justice in ensuring a level playing field in the ensuing general elections for the Lok Sabha”, the petition by Dev says.

She further said the inactions, omissions and commissions by the ECI were in complete and direct violation of Articles 14 and 21 of the Constitution and impeded free, fair and unbiased elections.

Dev also alleged that the two BJP leaders had indulged in hate speeches and repeatedly used the armed forces for political propaganda, despite a clear prohibition on the same by the ECI. All this information was in the public domain, the MP asserted.

Dev  cited the blatant violation of the MCC by Modi during a rally on the day of polling in Gujarat on April 23rd, 2019 i.e. date of voting for the third phase of the election. Such brazen violations, according to the petitioner, were neither minor nor procedural, in any manner.

She also submitted that it was a matter of record that other candidates who had been in breach of electoral laws including the MCC had had strictures and directions passed against them including a ban from campaigning for 72 hours. However, the ECI was guarded and oblivious to the comprehensive representations/complaints (duly supported by cogent evidence) that had been filed by the Congress Party against the Prime Minister and Amit Shah.

The MP gave a list of a total of 40 representations the Congress Party had filed with the ECI, highlighting the MCC breach by the PM and Amit Shah.

In particular, she highlighted the speech of the PM delivered on April 25, 2019   in Varanasi, Uttar Pradesh where, referring to his government’s response to the Pulwana attack, he said “Pulwama mein unhone hamare 40 jawano ko shaheed kiya tha, iss hamle ke baad usi kshetra mein ab tak 42 aatankwadiyon ko thikaane lagaya ja chuka hai. Yeh hamara kaam karne ka tareeka hai”.


Read the petition


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