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Supreme Court notice to EC on Cong plea alleging inaction against Modi, Shah

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Election Commission & Supreme Court

[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, April 30) issued notice to the Election Commission (EC) on the Congress’ petition seeking direction to the poll panel to act on complaints of alleged violation of Model Code of Conduct (MCC) by Prime Minister Narendra Modi and BJP president Amit Shah.

The Supreme Court Bench headed by Chief Justice Ranjan Gogoi court said it will be open to the EC to pass necessary orders in the matter. It will hear the matter again on Thursday.

The petition, filed by Congress MP Sushmita Dev, alleged that the poll body failed to act against the top BJP leaders despite “multiple complaints” lodged against them.

The EC, meanwhile, told the two-judge bench of Justices Deepak Gupta and Sanjiv Khanna that it would meet later today to consider the complaints filed against the leaders.

The full Commission — comprising the Chief Election Commissioner Sunil Arora and Election Commissioners Ashok Lavasa and Sushil Chandra — has not had a single deliberation since April 5 on the alleged violations by the Prime Minister.

The Congress had filed its first complaint against Modi and Shah on April 5.

“It is in public domain that they have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition on the same by the Respondent/ECI. Furthermore, the Prime Minister in blatant violation of the MCC held a rally on the day of polling in Gujarat on April 23rd, 2019 i.e. date of voting in the third phase of the election,” Sushmita Dev said in her plea.

The apex court had yesterday agreed to urgently hear a Congress petition about the EC not taking action on continued hate speeches and misuse of the armed forces as political propaganda by Modi and Shah.

In one of the most direct attacks against the EC, the 146-page petition said there was one set of rules for Modi and Shah, and another for the rest of the candidates.

The Congress MP said the Election Commission had not acted on the party’s complaints against PM Modi and Amit Shah for three weeks. The Congress petition said the EC’s continued silence on complaints about hate speeches and misuse of the armed forces as political propaganda by Prime Minister Narendra Modi and BJP president Amit Shah amounted to a “tacit endorsement” of their conduct.

The Congress said that 40 representations on violation of the Model Code of Conduct (MCC) were moved in the ECI so far, but no action had been coming from the poll body, which should be devoted to the concept of free and fair elections in a democracy. The delay in action, the Congress said, was a deliberate action itself.

The EC had last month categorically told political parties to desist from referring to actions taken by the military in their poll campaigns in the wake of the Pulwama terror attack and the Balakot air strikes earlier this year.

The Congress has alleged that despite such clear instructions, Modi and Shah repeatedly cited military operations undertaken by the armed forces under the BJP rule at election rallies.

Recounting how leaders like Mayawati were banned from campaigning for 72 hours for violating the MCC, the petition said that the lack of action against the Prime Minister and the BJP president despite cogent evidences, representations and exhortations to the ECI “demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field in ensuing General Elections for the Lok Sabha.”

It said, “The inactions, omissions and commissions by the Respondent/ECI are in complete and direct violation of Articles 14 and 21 of the Constitution and which are impeding free, fair and unbiased General Elections, 2019.”

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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India News

Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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India News

PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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