New Delhi, Apr 29 (UNI) Indian National Congress leader Sushmita Dev on Monday moved the Supreme Court over alleged violation of Model Code of Conduct by Prime Minister Narendra Modi and Bharatiya Janata Party president Amit Shah in their poll speeches.
A bench, headed by Chief Justice of India Ranjan Gogoi, ruled, 'We would hear the matter tomorrow.'
Despite multiple complaints against the two, the Election Commission failed to take action, All India Mahila Congress president and Member of Parliament Sushmita Dev’s plea read.
Appearing for Ms Dev, senior advocate and Congress leader Abhishek Manu Singhvi alleged that the two leaders have violated the MCC and the Election Commission is not acting on her complaint.
The petition stated that Mr Modi, in a blatant violation of the MCC held a rally, on April 23, date of voting in the third phase of the election.
Go-by to rules
Petitioner, a Congress MP from Silchar, Assam, Sushmita Dev, submitted that as per Article 324 of the Constitution of India, the ECI is the watchdog of free and fair elections. The ECI is duty-bound to circumvent the pressure and ascertain that ensuing elections are free from any impediments in order to uphold the democratic sanctity and fundamental rights of the voter.
Ms Dev, in her petition, sought appropriate reliefs from the Supreme Court directing the Respondent- Election Commission of India to expeditiously take action on multiple representations/ complaints pending before the ECI against Mr Modi and Amit Shah.
She further claimed that these allegations are ex facie in violation of the provisions of the Representation of People’s Act 1951 (RP Act) and the Conduct of Election Rules 1961 (Election Rules), and thereby the ECI should act accordingly.
Violations
Ms Dev also further submitted that since March 10th 2019 i.e. the date on which General Elections 2019, were notified, the Premier and the BJP president specifically in sensitive areas and States, have ex-facie allegedly violated the provisions of the RP Act and the Election Rules and the process, thereof.
She further stated that it is in public domain that they have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition by the Respondent/ECI.
Furthermore, the Prime Minister in blatant violation of the Model Code of Conduct allegedly held 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, Dev further in her petition claimed.
UNI XC RP1848