[dropcap]A[/dropcap] three-judge bench of the Supreme Court comprising Chief Justice of India (CJI) Ranjan Gogoi, Justices Sanjay Kishan Kaul and K M Joseph today issued notice to the Election Commission of India (ECI) on a petition filed by a Congress MP against the inaction of the ECI to act on complaints against Prime Minister Narendra Modi and BJP President Amit Shah for violating the Model Code of Conduct.
The Court has also said it is open for the ECI to pass necessary orders in the meantime. The next date of hearing is May 2, 2019.
Background of the case
The petition was filed by Congress MP Sushmita Dev alleging 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.
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.
