BREAKING | SC Rejects Plea Seeking Disqualification of PM Modi for Alleged Violation of Model Code of Conduct

Today(on 14th May), Supreme Court dismisses plea seeking PM Modi’s six-year election ban for allegedly invoking religion in polls. Court advises petitioner to pursue grievance through appropriate channels.

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BREAKING | SC Rejects Plea Seeking Disqualification of PM Narendra Modi for Alleged Violation of Model Code of Conduct

NEW DELHI: The Supreme Court dismissed a petition today(on 14th May), that sought the disqualification of Prime Minister Narendra Modi from participating in any elections for a duration of six years. The petitioner claimed that PM Modi had sought votes in the ongoing Lok Sabha polls by invoking “God and place of worship.” However, the Court directed the petitioner to approach the appropriate authorities with their grievance, emphasizing the need to exhaust all available avenues before seeking legal intervention.

“Have you contacted the authorities? To seek a writ of mandamus, you must first approach the appropriate authorities.”

– remarked the Bench of Justices Vikram Nath and Satish Chandra Sharma, highlighting the procedural requirement.

The Court firmly stated that it would not grant any liberty to approach other avenues, placing the responsibility on the petitioner to pursue the matter through the designated channels. Consequently, the petitioner decided to withdraw the plea.

“Dismissed as withdrawn. We will not grant any liberty to approach further. That is your responsibility.”

-the Court clarified, firmly establishing its decision.

The plea, filed by Fatima, called for action against PM Modi, alleging a violation of the model code of conduct (MCC) by seeking votes based on religious grounds.

According to the plea, Prime Minister Modi made an appeal to voters, urging them to vote for the Bharatiya Janata Party (BJP) using references to “Hindu Gods and Hindu places of worship.” The petitioner argued that such religious appeals during the election campaign were in violation of the MCC, which prohibits the exploitation of religious sentiments to garner votes.

It is worth noting that the Delhi High Court had recently declined to entertain a similar plea filed by advocate Anand S Jondhale. The dismissal of both petitions by the higher judiciary indicates the importance of approaching the appropriate authorities first and exhausting all available remedies before seeking intervention from the courts.

The Supreme Court’s decision reinforces the principle that matters concerning alleged violations of the model code of conduct during elections should be addressed through the established administrative channels. By directing the petitioner to approach the relevant authorities, the Court highlights the significance of following due process and seeking redressal at the appropriate forums.

While the plea to disqualify PM Narendra Modi for invoking religion during election campaigns has been rejected, it’s essential to acknowledge the broader significance of this issue. Elections, a cornerstone of democratic governance, necessitate adherence to ethical practices and equal treatment of all candidates.

CASE TITLE:

Fatima vs Election Commission of India and anr.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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