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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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BJP-led Mahayuti surges ahead in BMC polls as Thackerays lose Mumbai stronghold

The BJP-led alliance has taken a strong lead in the BMC elections, signalling a major political shift in Mumbai as counting continues across Maharashtra.

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shinde and fadnavis

The BJP-led alliance is heading towards a decisive victory in the Brihanmumbai Municipal Corporation (BMC) elections, dealing a major blow to the Thackeray cousins’ long-standing control over Mumbai’s civic administration. Early trends from the ongoing vote count show the ruling alliance opening a clear lead in the country’s richest municipal body.

With results still being tallied, the BJP-led bloc is ahead in 115 wards of the BMC. Of these, the BJP is leading in 86 wards, while Chief Minister Eknath Shinde’s Shiv Sena has an edge in 29 wards.

In contrast, the Thackeray cousins appear to be struggling to retain their grip on the civic body they once dominated for decades. Together, they are leading in 77 wards, with Uddhav Thackeray’s Shiv Sena (UBT) ahead in 71 wards and Raj Thackeray’s Maharashtra Navnirman Sena (MNS) leading in six.

High-stakes election after nine-year gap

The BMC elections were held after a nine-year gap, following a four-year delay, making the contest one of the most closely watched civic polls in Maharashtra. Over 1,700 candidates were in the fray for 227 seats in Mumbai alone. The BMC’s annual budget exceeds Rs 74,400 crore, underscoring the political and financial significance of the results.

In the 2017 elections, the undivided Shiv Sena, which then included Eknath Shinde, had retained control of the BMC, continuing its decades-long dominance.

BJP ahead across Maharashtra civic bodies

The BJP’s strong showing is not limited to Mumbai. Across 29 municipal corporations in Maharashtra, early trends indicate that the party is leading overall. Combined figures show the BJP ahead in 909 wards, while its ally, the Shinde-led Shiv Sena, is leading in 237 wards.

In the party-wise standings, the Congress is placed third with leads in 179 seats, largely from Bhiwandi-Nizampur, Nagpur and Kolhapur. The Shiv Sena (UBT) follows with 118 seats, closely trailed by Ajit Pawar’s NCP, which is leading in 112 wards.

Pune also tilts towards BJP

Pune has emerged as another key battleground, especially as rival factions of the Nationalist Congress Party, led by Ajit Pawar and Sharad Pawar, joined hands for the civic polls. Despite the alliance, the BJP is leading in 52 seats in Pune, while the combined NCP factions are ahead in seven seats.

Large-scale polling across the state

Polling for 2,869 seats across 893 wards in the 29 civic bodies was held on Thursday. Around 3.48 crore voters were eligible to cast their ballots, deciding the political fate of 15,931 candidates, including those contesting in Mumbai.

Besides Mumbai and Pune, counting is underway in several other municipal corporations, including Navi Mumbai, Thane, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Vasai-Virar, Mira-Bhayandar, Solapur, Kolhapur and Aurangabad, among others.

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BJP, Thackerays or Pawars: Maharashtra civic body poll results awaited today

Counting of votes for 29 municipal corporations in Maharashtra, including the key BMC and Pune civic bodies, begins today, with BJP, Thackerays and Pawars awaiting crucial results.

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The political balance in Maharashtra’s urban centres will become clearer today as votes are counted for elections to 29 municipal corporations across the state. The results are keenly awaited amid high-stakes contests involving the BJP, the Thackeray cousins and the reunited Pawar factions.

Polling was held for 2,869 seats across 893 wards, with 3.48 crore eligible voters deciding the fate of 15,931 candidates. Counting is scheduled to begin at 10 am.

Mumbai and Pune in sharp focus

All eyes are on Mumbai, where the contest for the Brihanmumbai Municipal Corporation (BMC) has drawn statewide attention. Shiv Sena (UBT) chief Uddhav Thackeray and Maharashtra Navnirman Sena chief Raj Thackeray joined hands after more than two decades in a bid to reclaim control of the country’s richest civic body.

The BMC, which has an annual budget of over Rs 74,400 crore, went to polls after a nine-year gap, following a four-year delay. A total of 1,700 candidates contested the 227 seats.

Exit polls suggest a strong performance by the BJP–Shiv Sena (Eknath Shinde faction) alliance in Mumbai. An aggregate of multiple surveys projects the ruling alliance ahead, with the Shiv Sena (UBT) and allies trailing, while the Congress is expected to secure a limited number of seats. Exit polls have also indicated possible voting consolidation among Maratha and Muslim voters behind the Thackeray-led alliance, while women and young voters may tilt towards the BJP.

The last BMC election in 2017 saw the undivided Shiv Sena retain control of the civic body it had dominated for decades.

In Pune, the spotlight is on the unusual alliance between rival NCP factions led by Ajit Pawar and Sharad Pawar. Exit polls indicate the BJP could emerge as the largest party in the Pune Municipal Corporation (PMC), with both NCP factions and the Shiv Sena also expected to secure a share of seats.

Statewide counting underway

Apart from Mumbai and Pune, counting will take place in several other key municipal corporations, including Thane, Navi Mumbai, Kalyan-Dombivli, Nagpur, Nashik, Pimpri-Chinchwad, Mira-Bhayandar, Vasai-Virar, Solapur, Kolhapur, Amravati, Akola, Jalgaon, Malegaon, Latur, Dhule, Jalna, Sangli-Miraj-Kupwad, Nanded-Waghala, Chandrapur, Parbhani, Panvel, Bhiwandi-Nizampur, Ulhasnagar, Ahilyanagar and Ichalkaranji.

With major parties treating these civic polls as a referendum on their urban appeal ahead of future state and national elections, today’s results are expected to shape Maharashtra’s political narrative in the months to come.

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Supreme Court flags risk of lawlessness, pauses FIRs against ED officers in Bengal case

The Supreme Court paused FIRs against ED officers in the Bengal I-PAC raid case, warning that obstruction of central probes could lead to lawlessness and seeking responses from the Centre and state.

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Supreme Court

The Supreme Court on Wednesday delivered a sharp rebuke to the Mamata Banerjee-led West Bengal government, pausing FIRs lodged against officers of the Enforcement Directorate over searches linked to political consultancy I-PAC. The court said the case raises serious questions about interference in investigations and warned that failure to address them could lead to “lawlessness”.

A bench of Justice Prashant Mishra and Justice Vipul Pancholi sought replies from the Ministry of Home Affairs, the Department of Personnel and Training, Chief Minister Mamata Banerjee and the Trinamool Congress government on the ED’s plea. The central agency has also sought the suspension of Bengal Director General of Police Rajeev Kumar and Kolkata Police Commissioner Manoj Kumar Verma, and a probe by the CBI. The matter will be heard next on February 3.

The ruling follows a standoff between the ED and the Bengal government after the agency conducted searches at premises linked to I-PAC, which manages election campaigns for the Trinamool Congress, in connection with a corruption case.

Court questions obstruction of central probes

Recording its prima facie view, the Supreme Court said the petition raised a “serious issue” concerning investigations by central agencies and possible obstruction by state authorities.

“There are larger questions which emerge and if not answered shall lead to lawlessness. If central agencies are working bona fide to probe a serious offence, a question arises: Can they be obstructed by party activities?” the bench observed.

Earlier in the day, the court also expressed disturbance over scenes of chaos in the Calcutta High Court during a hearing related to the same dispute.

ED alleges interference, seeks action against top cops

The Enforcement Directorate accused the West Bengal administration of interfering with its searches and investigation. Appearing for the agency, Solicitor General Tushar Mehta alleged that evidence was removed from the residence of an I-PAC co-founder and argued that such actions could encourage state police officers to aid and abet obstruction. He sought suspension of senior police officials.

Describing the disruption in the Calcutta High Court on January 9, Mehta called it “mobocracy”, saying a group of lawyers unconnected to the case disrupted proceedings, forcing an adjournment. The bench asked whether the high court had been turned into a protest site, to which Mehta responded that messages had circulated calling lawyers to gather at a specific time.

Banerjee’s counsel defends move, cites election confidentiality

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, questioned the timing of the ED’s presence in Bengal ahead of Assembly elections. He said the last development in the coal scam case dated back to February 2024 and argued that I-PAC handled election-related work under a formal contract with the Trinamool Congress.

According to Sibal, election data stored at the premises was confidential and critical to campaign strategy. He said the party leadership had a right to protect such information.

Representing the Bengal government and the DGP, senior advocate Abhishek Singhvi referred to the January 9 disruption but argued it could not justify parallel proceedings in different courts. The bench responded that emotions “cannot go out of hand repeatedly”.

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