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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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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.

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Hardeep Puri

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.

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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).

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Election Commission of India

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.

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