The Delhi High Court Today (April 29th) rejected a plea seeking a 6-year ban on Prime Minister (PM) Narendra Modi from contesting elections for allegedly violating the Model Code of Conduct (MCC) by seeking votes in the name of religion for the upcoming Lok Sabha polls.
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NEW DELHI: The Delhi High Court today dismissed a petition seeking to bar Prime Minister Narendra Modi from contesting elections for 6-years due to alleged violations of the Model Code of Conduct (MCC). The petitioner, Advocate Anand S Jondhale, accused the Prime Minister of soliciting votes in the name of religion during a speech in Pilibhit, Uttar Pradesh.
Justice Sachin Datta deemed the petition “thoroughly misconceived,” clarifying that the court cannot mandate the Election Commission of India (ECI) to act in a specific way. The ECI, represented by counsel Siddhant Kumar, stated they were processing the petitioner’s representation in accordance with the law and noted they receive similar applications regularly.
“His representation is there. We will process it in accordance with law,”
-ECI counsel Siddhant Kumar said.
“The present writ petition is thoroughly misconceived. The petitioner presupposes that there has been a violation. It is not permissible for this Court to direct the ECI to take a particular view,”
-the Court said while dismissing the plea.
Jondhale’s petition referenced an April 9 speech where Prime Minister Modi allegedly sought votes by invoking Hindu and Sikh deities and their places of worship, while also accusing opposition parties of favoring Muslims.
The petitioner claimed this rhetoric promoted religious disharmony and violated the MCC, specifically under Rules General Conduct-I (1) and (3) which prohibit any election activity that might exacerbate community tensions or use places of worship for election propaganda.
Despite these allegations, Jondhale reported that the ECI had not responded to his request to register an FIR against Modi under Sections 153A of the Indian Penal Code, which pertains to promoting enmity between different groups.
“This statement of the Respondent No.2 [Modi] creating hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities,”
-the plea said.
Moreover, he sought Modi’s disqualification from contesting future elections for six years, a request the court has now rejected, emphasizing the non-permissive role of the court in directing the ECI’s decisions on such matters.
“It further says that there shall be no appeal to caste or community feelings for securing votes. Mosque, Churches, Temples or other places of worship shall not be used as forum for election propaganda,”
-Jondhale contended.
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BACKGROUND
The Delhi High Court postponed the hearing of a petition that seeks to prohibit Prime Minister Narendra Modi from participating in elections for six years. The petition alleges that Modi breached the model code of conduct by invoking religious sentiments during his campaign for the forthcoming Lok Sabha elections.
Justice Sachin Datta, who was presiding over a tribunal under the Unlawful Activities Prevention Act (UAPA), adjourned the case. Court officials stated that Justice Datta would not conduct regular court proceedings today and announced that the case would be resumed on Monday, April 29.
The petition, initiated by lawyer Anand S Jondhale, references a speech delivered by Modi on April 9 in Pilibhit, Uttar Pradesh. According to the petition-
“PM Modi’s speech was controversial as he not only sought votes in the name of Hindu and Sikh deities and their places of worship but also made comments against opposite political parties as favoring Muslims”.
Jondhale quoted Modi’s appeal to the electorate:
“vote for BJP in the name of ‘Hindu deities and Hindu place of worships as well as Sikh deities and Sikh place of worship.'”
He criticized Modi’s statement as an act that
“creates hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities.”
Despite Jondhale’s efforts to prompt the Election Commission of India (ECI) to file an FIR against the Prime Minister under Sections 153A of the Indian Penal Code—which addresses promoting enmity between different groups—and to disqualify Modi from contesting elections for six years, the Commission has yet to take any action.
Jondhale also asserted that Modi’s actions contravened the Model Code of Conduct as stipulated in the Compendium of Instructions Volume-III under Rules General Conduct-I(1) and (3).
This provision mandates that no party or candidate should engage in any activity that might exacerbate existing disparities or incite mutual hatred or cause tension among different castes, communities, religious, or linguistic groups.
He emphasized that
“there shall be no appeal to caste or community feelings for securing votes. Mosque, Churches, Temples or other places of worship shall not be used as forum for election propaganda,”
-which he argued had been violated by Modi’s appeal.
The allegation centers on claims that the Prime Minister, in a speech delivered in Pilibhit, Uttar Pradesh on April 9, solicited votes in the name of religious entities and places of worship, specifically referencing
“Hindu deities and Hindu place of worships as well as Sikh deities and Sikh place of worship”
-ahead of the forthcoming Lok Sabha elections. This petition was lodged by Anand S Jondhale, who argues that such appeals constitute a clear violation of the MCC.
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The primary request of Jondhale’s petition is for the disqualification of PM Modi from participating in elections for a period of six years, citing this alleged infringement as the basis.
The model code of conduct is a set of guidelines issued by the Election Commission of India to ensure fair and free elections, including stipulations against exploiting religion for electoral gain.
This plea places the spotlight on the essential democratic principles of neutrality and impartiality in the electoral process, challenging actions that potentially undermine these values.
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