The Delhi High Court Today (April 26th) adjourned the hearing in a petition seeking a six-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.
Thank you for reading this post, don't forget to subscribe!NEW DELHI: 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.
BACKGROUND
A legal action was recently initiated in the Delhi High Court, aiming to hold Prime Minister Narendra Modi accountable for purported breaches of the model code of conduct (MCC).
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.
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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