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Election Commission accused of Model Code of Conduct violation

Published

8 years ago

April 26, 2019

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The Election Commission (EC) has itself now been accused of violating the Model Code of Conduct (MCC) for refusing to act on complaints about Prime Minister Narendra Modi defying its prescribed rules of speech and behaviour in election campaign, said a report by TheWire.

From the time elections were announced and the Model Code of Conduct (MCC) came into force, Prime Minister Narendra Modi has repeatedly made speeches that even at first glance have gone against the prescribed norms and, despite repeated complaints by concerned citizens and opposition parties, the Election Commission (EC) has not taken any action so far.

The EC had given clear directions to all campaigners and candidates to desist from propaganda involving the armed forces. The code has always forbidden invocation of religion, caste or other divisive factors as part of the campaign.

While the EC has acted on complaints against other leaders, Modi seems to be above the law and has defiantly raised these issues right through the campaign. Three phases of polling have also been completed during this stretch, covering more than half the constituencies in the country.

The EC’s portal on code violations does not show any complaint against the prime minister.

A large number of retired defence services personnel have objected to the use of the name of the armed forces in the election campaign, which Modi has been doing all the time. But the commission has not taken any decision on the complaints and even after many weeks it is still examining them.

Also Read: PM Narendra Modi files his nomination in Varanasi

A number of retired top bureaucrats had also written to the President about the “pusillanimity” of the EC in taking action against poll code violations and the erosion of its credibility as an independent, autonomous institution.

While The Times of India (TOI) reported that the EC may take up the MCC violation complaints pending against PM Modi at its meeting on April 30, there is nothing else to indicate any move in this direction.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1556280120678{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #e5e5e5 !important;border-radius: 10px !important;}”]

Instructions on observance of MCC:

“No appeal shall be made on basis of caste/communal feelings of the electors.

No activity, which may aggravate existing differences or create mutual hatred or cause tension between different castes/communities /religious/linguistic groups, shall be attempted.

No aspect of the private life, not connected with the public activities, of the leaders or workers of other parties is to be criticised.

Criticism of other parties or their workers on the basis of unverified allegations or on distortions shall be avoided.

No temples/mosques/churches/gurdwaras or any place or worship is to be used for election propaganda, including speeches, posters, music etc, or electioneering, and

The candidates/campaigners/political leaders are to desist from displaying photograph of defence personnel or photograph of functions involving defence personnel in advertisement, or otherwise as part of their election propaganda/campaigning. They are also advised to desist from indulging in any political propaganda involving activities of defence forces.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1556280208749{border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-left: 10px !important;background-color: #cecece !important;border-radius: 10px !important;}”]

Alleged violations of Model Code of Conduct by Modi

At a rally in Wardha in Maharashtra on April 1, Modi said that the Congress had hurt the sentiments of Hindus by coining the term ‘Hindu terror’. He also said that Rahul Gandhi had run away from ‘Hindu samaj’ and chosen to contest from a constituency where the majority community was a minority.

He mentioned the IAF strike on Balakot at another meeting in Maharashtra on April 9 and told the voters to dedicate their votes to the defence personnel. This was in effect a call for votes in the name of the armed forces.

He has referred to the surgical strikes against Pakistan many times from different platforms.

All this while, the Prime Minister has been ably assisted by Uttar Pradesh chief minister Yogi Adityanath, who called the armed forces “Modiji ki sena”.

While Adityanath had been gagged for 72 hours and the Congress’s Navjot Sidhu was also meted out the same treatment for appealing to Muslims not to divide their votes, the Election Commission has not yet taken a decision on the speeches of Modi in spite of several complaints.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Mahendra Singh, president of the West Bengal Forum for Mental Health, in a complaint sent to the EC on April 20 said that by not acting on his repeated complaints about code violations by Modi, the poll panel violated MCC guidelines provided in chapter 23, page 227, TheWire reported.

Singh said these guidelines clearly state that “Complainants will also be informed of the action taken by SMS and by the call centre. Complainants can also see the details of the action taken on their complaints. This system should be operational within 24 hours of the announcement. All complaints should be dealt with promptly and properly.”

With the EC not providing any answers to why action has not been taken on his complaint against Modi, Singh asked: “When the guidelines are so clearly articulated by ECI in writing to all political parties and their strict compliance sought, then where is the scope for the Commission to sit on my complaint?”

He said if a report was submitted to the Commission on April 14 by the district and state officials, then “what is the justification of three ECI commissioners and their subordinate officials for not acting on it?”

“Are they themselves not responsible for the delay in taking action on the complaint?” he asked.

Singh said that on the first complaint against Modi on April 9, the EC had not responded. When he sent a reminder on April 12 to the Chief Election Commissioner (CEC) Sunil Arora and the two ECs, he got an acknowledgement saying that action would be taken in two days. However, instead, the online status of the complaint was shown to be “default”.

Singh followed up with a second reminder on April 13, pointing out that he has been provided with some control room numbers by EC which were either switched off or not being answered. Singh reminded the poll panel that it was duty-bound to act on the complaint.

On April 15, Singh received a call from the EC’s director, who assured him that the grievance would be looked into and resolved. The same evening, Singh also received a message from the EC portal that his complaint has been disposed. On the portal as well, the status of the complaint had changed from ‘default’ to ‘Report Submitted to ECI on 14th April’.

However, there was still no information on the action taken.

On April 16, Singh sent his third reminder along with a mention of how the PM was “continuously taking advantage of non-action by Election Commission against its own direction of not to use the achievements of India’s armed forces for political campaigning purpose.”

Also Read: Ex civil servants demand withdrawal of terror-accused Pragya Thakur’s candidature

Then, on April 18, he sent his fourth reminder. This time he cited a Supreme Court observation that it was ‘happy that the EC has found its power’ and hoped that his complaint would be acted upon. He referred to how the previous day, the PM again used the Balakot airstrike for political purposes while addressing a rally at Balodabazar district in Chhattisgarh.

Singh also noted that the Election Commission guidelines issued on April 5 to president/chairperson/general secretary of all recognised national and state political parties had spelt out the instructions on the observance of MCC.

On his latest complaint, Singh said that from the evening of April 15 to April 24, the online status of his complaint was showing as “Resolved”.

However, on the night of April 24, it changed to “In Progress”.

He said that since no action had been taken on the complaint for a fortnight since its filing, the CEC and district election commissioner should take stringent action against ECI officials who are responsible for the delay.[/vc_column_text][/vc_column][/vc_row]

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

Published

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November 4, 2026

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Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

Published

19 hours ago

November 4, 2026

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

Published

1 day ago

November 3, 2026

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The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.