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PMO misusing official machinery for polls – Indira Gandhi’s election was cancelled for it

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PMO misusing official machinery for polls – Indira Gandhi’s election was cancelled for it

[vc_row][vc_column][vc_column_text]There are a couple of days left for Election Commission to decide all the pending complaints of violation of Model Code of Conduct by Prime Minister Narendra Modi and BJP president Amit Shah.

A significant complaint among the lot – most of which are about seeking votes for actions of armed forces – is one relating to a kind of charge that had led to former prime minister Indira Gandhi’s 1971 election being declared null and void and her disqualification from holding elected office for six years.

This is about misuse of official machinery by the Prime Minister for electoral purposes, reported first by a news portal after which Sitaram Yechury, General Secretary of Communist Party of India (Marxist) complained to Sunil Arora, Chief Election Commissioner, Election Commission of India last Wednesday (May 1).

Yechury wrote: “Across the country, there is a growing concern about the manner in which the Election Commission of India is dealing with the complaints regarding the gross violation of the Model Code of Conduct by Shri Narendra Modi.”

Citing a news article in Scroll.in, Yechury said, “Now a web magazine has published an article showing the manner in which government infrastructure and machinery has been brazenly used by the Prime Minister’s Office for securing information from various ministries, as well as, concerned state and district administration to provide inputs for preparing his election speeches.”

Former prime minister Indira Gandhi had been disqualified for violation “of far less import than … those committed by Shri Narendra Modi,” Yechury added, mentioning an article by another web magazine.

Expressing unhappiness with EC approach in dealing with complaints against PM, Yechury said: “…the question is, is Shri Narendra Modi, a BJP candidate from  Varanasi constituency in Uttar Pradesh and a star campaigner  for the BJP, is needed to be treated differently from the enforcement of MCC for the simple reason that he happens to be the incumbent Prime Minister?  We are constrained to raise this question because of want of appropriate response from the Commission in the past, which is adequately empowered by the Constitution to deal with this in a firm and decisive manner.”

The Election Commission’s Model Code of Conduct, which has been in place since March 10, states that “ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work.”

The report on news portal Scroll was about an email message showing that the government’s NITI Aayog think tank asked bureaucrats in Union territories and at least one BJP-ruled state to send the Prime Minister’s Office inputs on local area knowledge ahead of the leader’s visits to these places.

If confirmed, this would mean that PM Modi has violated not just the model code of conduct (MCC) – but also the same law under which former prime minister Indira Gandhi was convicted. That conviction, in June of 1975, led the Allahabad high court to debar her from parliament, and precipitated her declaration of a state of Emergency.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1556886085585{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: #cecece !important;border-radius: 10px !important;}”]The email obtained by Scroll.in appears to be from Pinky Kapoor, the NITI Aayog’s economic officer (coordination of states), addressed to bureaucrats, including some chief secretaries, in the Union Territories. On April 8, she allegedly wrote:

“Hon’ble Prime Minister is likely to visit UTs very shortly. The Prime Minister’s Office has desired a write-up on the following by 2.00 Pm tomorrow evening i.e. 09.04.2019 on the following:

Write-up on:

Highlights and important features of UTs – Historical, local heroes, Culture, Religious, Economic (including details like major crops, industry, etc.).

II Profile of UTs with special reference to Tourism, Agriculture and employment/ livelihood

It is requested to kindly provide positively the requisite information/ write-up / materials positively by 2.00 pm tomorrow i.e. 09.04.2019 at [email protected].”

Scroll.in claims to have also seen evidence of a similar request to a collector in BJP-ruled Maharashtra. Shortly before prime minister Modi addressed rallies in the state – in Wardha, Gondia and Latur – the collector of Gondia district, KadambariBalkawade, had sent a note to the NITI Aayog profiling the district. The subject line of the email was: “Write up/information for Gondia District for Prime Minister’s Office”.

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Indira Gandhi’s case:

In the general election of 1971, Indira Gandhi’s Congress had won by a historic landslide. Indira won her seat from Rae Bareli, defeating the socialist candidate Raj Narain, who then took her to court for violating the Representation of the People Act.

At issue was section 123(7)(a) of the Act, which deems it a “corrupt practice” for a candidate or their agent – or anyone acting with the candidate’s consent – to obtain any assistance from gazetted officers “in furtherance of the prospects of that candidate’s election”.

It was alleged that Indira Gandhi had appointed a government official, Yashpal Kapoor, as her campaign organiser. It was also alleged that local officials and police had been directed to arrange her campaign meetings.

Kapoor had put in his resignation from the prime minister’s secretariat. The question before the Allahabad high court was whether his resignation had been formalised before his work on her personal campaign began.

On June 12, 1975, the Allahabad high court found the prime minister guilty under section 123(7)(a) of the Act, and “disqualified her for a period of six years” from holding elected office – and thus, from being prime minister.

Indira appealed. Yet, the opposition protests and outcry for her resignation drove her to declare the Emergency two weeks later, on June 25.

In PM Modi’s case, the alleged violation took place between end-March and early April, with some gazetted officers asked to assist the ruling party’s campaign just two days before voting began.

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Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.

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Mamata Banerjee writes to poll chief over officers’ reshuffle, calls move arbitrary

Mamata Banerjee has written to the Chief Election Commissioner, calling the reshuffle of senior Bengal officials arbitrary and raising concerns over constitutional norms.

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mamta banerjee

West Bengal Chief Minister Mamata Banerjee has written to Chief Election Commissioner Gyanesh Kumar, raising strong objections to the recent reshuffle of senior bureaucrats in the state ahead of the assembly elections.

In her letter, Banerjee described the move by the Election Commission of India as “arbitrary” and expressed “deep concern” over what she termed a unilateral decision. She urged the Commission to refrain from adopting such measures in the future.

The Chief Minister pointed out that while the Election Commission does have the authority to make administrative changes during elections, past practice has involved consultation with the state government. According to her, the Commission would typically seek a panel of officers from the state and make its selections from that list, maintaining what she called constitutional propriety and administrative convention.

Banerjee warned that bypassing this process could undermine the institutional credibility and long-standing legacy of the poll body, and may also affect the foundational principles of the constitutional framework.

The controversy stems from the Commission’s decision, taken soon after announcing election dates, to remove several top officials from election-related duties. These include the state’s Chief Secretary, Director General of Police, Kolkata Police Commissioner, and Home Secretary.

The Commission has maintained that the reshuffle was aimed at ensuring a peaceful and violence-free electoral process.

Reacting sharply, Banerjee alleged bias in the decision-making, claiming that the removal of the Chief Secretary indicated an anti-women stance. She also accused the Commission of selectively targeting officers, suggesting that the move favoured individuals aligned with the Bharatiya Janata Party.

Meanwhile, the Trinamool Congress escalated its protest, staging a day-long walkout from the Rajya Sabha earlier in the day.

Responding to the criticism, Parliamentary Affairs Minister Kiren Rijiju said the Election Commission is a constitutional authority, adding that questioning its decisions in Parliament is inappropriate and unproductive.

The Commission has appointed a new Chief Secretary in place of the outgoing official as part of the reshuffle.

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BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

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BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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