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Pulled up by Supreme Court, EC bars UP CM Adityanath, BSP chief Mayawati from campaigning

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Pulled up by Supreme Court, EC bars UP CM Adityanath, BSP chief Mayawati from campaigning

The Election Commission (EC) today (Monday, April 15) barred Uttar Pradesh (UP) Chief Minister (CM) Yogi Adityanath and BSP chief Mayawati from election campaigning for 72 hours and 48 hours, respectively, starting from 6 am tomorrow for violating Model Code of Conduct (MCC) by making objectionable, communal statements in their speeches.

The EC action came after it was pulled up by the Supreme Court today for failing to take action in cases of MCC violation.

The Supreme Court told the panel that it could not drag its feet and had to act promptly against poll code violations. The court had given the poll panel time till tomorrow to report on the action taken against the two prominent politicians for their controversial speeches.

The commission, which has been criticised by political parties across the spectrum for either turning a blind eye to poll code violations or being too slow, issued the gag orders soon after. 

EC action

In separate orders, the Election Commission also “condemned” the two speeches and “censured” the politicians.

In a speech at a rally in Saharanpur’s Deoband on April 7, Mayawati had appealed to Muslims to vote for the alliance and not divide their vote by supporting another political party.

Two days later, according to the Election Commission, Yogi Adityanath told a rally in Meerut about Mayawati’s speech and said: “If the Congress, SP and BSP have faith in ‘Ali’, we have faith in ‘Bajrang Bali’, the followers of Bajrang Bali will not tolerate them.”

“The Commission, under Article 324 of the Constitution of India and all other powers enabling in this behalf, bars him from holding any public meetings, public processions, public rallies, road shows and interviews, public utterances (electronic, print, social media) etc in connection with ongoing elections for 72 hours from 6 am on 16 April 2019,” the panel said.

This is the first time in the 2019 election campaign that the election commission has invoked its powers under the Constitution. It had taken such action in 2014 Lok Sabha elections when BJP’s Amit Shah and Samajwadi Party’s Azam Khan were barred from campaigning for the remaining duration of the election after they failed to stick to the model code of conduct.

Yogi Adityanath’s gag order is for a longer duration because this is his second code violation. The Election Commission noted that it had already advised the chief minister to be more careful about his public statements on 5 April after his controversial speech that allegedly politicised the army action.

The commission also observed that Yogi Adityanath, as chief minister of Uttar Pradesh, had the added responsibility to not only uphold basic tenets including secularism but also to display the same in his public statements and meetings.

Supreme Court on EC while hearing NRI’s plea

Earlier in the day, the Supreme Court, which was hearing a PIL seeking action against political parties using use religion and caste to seek votes, had been extremely upset when the Election Commission representative said, “We don’t have any powers. We can’t bar them from contesting. We can derecognise them”.

The PIL was filed by an NRI Yoga teacher Harpreet Mansukhani, based in Sharjah in the United Arab Emirates (UAE), highlighting the increase in hate and divisive speeches in the name of religion in the Lok Sabha elections of 2019 and calling for strict action against political leaders and party representatives spreading hatred on religious and caste lines through the media, especially social media platforms.

During the hearing, Chief Justice of India Ranjan Gogoi even threatened to have the Chief Election Commissioner (CEC) in the courtroom within the next half hour if the court did not get clear answers to its questions on the poll body’s powers under the law against candidates who spew vitriol.

The court found that in the 2019 Lok Sabha elections, the ECI had issued notices for hate speeches and campaigning for votes on the basis of religion in only three cases, including Uttar Pradesh Chief Minister Yogi Adityanath and Bahujan Samaj Party (BSP) supremo Mayawati.

The EC, represented by advocate Amit Sharma, said Adityanath had been issued an advisory.

Mayawati, the EC said, had asked for votes in the name of religion.

“So what about Mayawati? She was supposed to reply to you [the EC] by April 12… Today is April 15. She has not replied. What does the law permit you to do in such cases? Answer us… What will you do now? What are you empowered to do?” Chief Justice Gogoi asked the EC.

“We will issue an advisory… We may file a complaint,” Sharma replied.

Sharma tried to reason, saying, “There is a procedure… We have to give them time to reply.”

“So you are basically saying you [the EC] are toothless and powerless against hate speeches. The most you can do is send a notice to the offending candidate. If the candidate replies, send him or her an advisory. Despite this, if there is violation of Model Code of Conduct, you may then file a criminal complaint… That is all? Those are your powers under the law?” Chief Justice Gogoi asked Sharma.

Sharma concurred that was “no other power” with the EC. “We [the EC] cannot de-recognise or disqualify the person. This is the only power,” he submitted.

Hearing this, the court decided to examine in detail the issue of the EC’s powers to deal with hate and defamatory election speeches, and violations of the MCC. It ordered an EC official to be personally present in the court on April 16.

Sharma tried to explain that the EC had “standing instructions” to act against hate speeches and the violation of the MCC.

“What do you mean by ‘standing instructions’? You are duty-bound… In certain matters like this, time is limited. You have to act promptly. Whether the outcome is good or bad, you have to get into it immediately,” Chief Justice Gogoi addressed the counsel.

The petition will be heard again tomorrow (Tuesday) when the court has summoned a representative of the EC, agreeing to examine the poll panel’s contention that it has limited legal powers to deal with hate speeches of politicians during electioneering.

NRI Mansukhani’s plea

The petition had urged the court to direct the constitution of a committee headed by a former apex court judge to closely watch the election process and check the fairness of the ECI.

The petition said the communalism of Indian politics, and caste-based parties, were a “great threat to the spirit of the Constitution”.

Also Read: Supreme Court asks Rahul Gandhi to explain his comment on Rafale deal verdict

Mansukhani, represented by senior advocate Sanjay Hegde and advocate Arup Banerjee, said, “India is beginning to look like Turkey under Erdogan or Russia under Putin, which are turning towards a populist majoritarian leader and right-wing politics for their salvation.”

“The essential component of a constitutional democracy is its ability to give and secure for its citizenry a representative form of government, elected freely and fairly, and comprising of a polity whose members are men and women of high integrity and morality,” the petition said.

Referring to communal and caste-based election speeches and remarks of political leaders, Mansukhani had said the plea was filed to “maintain secular environment in the forthcoming Lok Sabha Election, 2019.”

“The ‘undesirable development’ of appeals to religion, race, caste, community or language of politicians would hamper the objective of fundamental rights provided under the Constitution of India, this would affect the public at large,” the plea had said.

The plea had also sought a direction to the poll panel to take strict actions against media houses which hold debates on caste or religious lines.

“Our Constitution ensures a Socialist, Secular State and equality, fraternity among its citizens. Our country has a democratic set-up which is by the people, for the people and of the people.

“A new trend of giving tickets to those who spread communal hatred and do caste or religion based politics has grown very rapidly on media and social media platform more than that the situation appears to be more alarming when we find such persons being elected for the State Assembly or Parliament…,” the plea had said.

India News

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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Rahul Gandhi accuses Modi of foreign backing, BJP hits back with UK clip

Rahul Gandhi alleged that foreign forces helped Narendra Modi become Prime Minister and continue in power. The Congress leader also challenged Modi to an open debate, while the BJP responded by sharing an old video of his remarks during a UK visit.

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Rahul Gandhi

A fresh political confrontation has erupted between the Congress and the Bharatiya Janata Party (BJP) after Leader of Opposition Rahul Gandhi accused Prime Minister Narendra Modi of becoming and remaining in power with foreign assistance.

Gandhi also challenged the Prime Minister to an open debate on the issue, saying he was ready to face him on any platform and at any time.

The BJP responded by bringing up an old video of Gandhi from his visit to the United Kingdom, reviving the controversy surrounding his remarks about India’s democratic institutions and the role of foreign countries.

What Rahul Gandhi said about PM Modi

Gandhi’s remarks came in response to Modi’s recent comments targeting the Opposition during his address at the Rashtriya Ekta Diwas celebrations in Gujarat on October 31.

In a post on X on Monday, Gandhi accused the Prime Minister of relying on foreign support to attain and retain power.

“Mr Modi, stop lying to this nation. You became PM because of foreign help. You remain PM because of foreign help,” Gandhi wrote.

He further alleged that India’s financial system was fully controlled and supported by foreign entities and claimed that foreign social media platforms backed the Prime Minister.

The Congress leader also challenged Modi to discuss the allegations publicly.

“I challenge you to an open debate about this. Any stage, any time. Come if you have the guts,” he said, adding that the Prime Minister would not accept the challenge because of what Gandhi claimed to know about him.

Why PM Modi criticised the Opposition

Gandhi’s response followed Modi’s address at the Rashtriya Ekta Diwas event in Ekta Nagar, Gujarat, marking the 151st birth anniversary of Sardar Vallabhbhai Patel.

During his speech, the Prime Minister accused the Opposition of moving away from its democratic responsibility of questioning the government and instead becoming an obstructionist force.

Modi described the Opposition as an “Avrodh Paksh” rather than a “Virodh Paksh”, alleging that it was creating obstacles to the country’s development.

Without directly naming Gandhi, the Prime Minister also raised questions about the foreign visits of certain political leaders and their alleged connections with forces opposed to India.

“Who is secretly meeting whom abroad? Whom are the anti-India forces supporting? Who is speaking the language of India’s enemies?” Modi asked.

He also expressed concern over the use of social media to spread rumours and attempts to damage India’s image.

BJP brings back Rahul Gandhi’s old UK remarks

The BJP responded to Gandhi’s allegations by sharing an old video from his UK visit, bringing attention back to his earlier comments about India’s democratic institutions and the involvement of foreign countries.

During an interaction at Chatham House in London in March 2023, Gandhi had alleged that several Indian institutions, including the Press, judiciary, Parliament and Election Commission, were under threat.

He had also questioned why Europe and the United States were not doing enough to raise concerns about what he described as threats to democracy in India.

The remarks had triggered a political controversy at the time, with the BJP accusing Gandhi of seeking foreign intervention in India’s internal affairs.

BJP leaders had demanded an apology from the Congress leader over his comments during the UK visit.

The resurfacing of the old video has brought those earlier remarks back into the political debate as the Congress and BJP trade accusations over alleged foreign backing.

Political confrontation intensifies

The latest exchange comes amid an ongoing confrontation between the ruling BJP and the Opposition over several issues, including allegations of electoral irregularities and the role of constitutional institutions.

Gandhi’s challenge to Modi for an open debate has added another dimension to the political dispute, with both parties questioning each other’s alleged connections with foreign forces.

While Gandhi has accused the Prime Minister of benefiting from foreign support, the BJP has repeatedly questioned the Congress leader’s overseas remarks and alleged attempts to involve foreign countries in India’s internal political matters.

Neither side’s allegations about foreign backing should be treated as established facts without supporting evidence.

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Kiren Rijiju mocks Congress over AI-generated Ramlila Maidan crowd photo

Union Minister Kiren Rijiju took a swipe at Congress over an alleged AI-generated photograph showing a massive crowd at the INDIA bloc’s Ramlila Maidan rally, questioning the authenticity of the image.

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Union Parliamentary Affairs Minister Kiren Rijiju has taken a dig at the Congress over an alleged AI-generated photograph showing a massive gathering at the INDIA bloc’s rally at Delhi’s Ramlila Maidan.

In a post on X on Sunday, Rijiju accused the Congress of sharing an artificially generated image to create the impression that the venue was packed with supporters. Taking a swipe at the party, he suggested that even the purported AI-generated photograph had not been created properly.

“Even the fake AI photo to show that Ramlila ground was full is not done properly by the fake narrative team of Congress Party!” Rijiju wrote.

His remarks came after the INDIA bloc organised a rally at Ramlila Maidan on November 1, bringing together several Opposition leaders to protest against alleged irregularities in electoral rolls and the Special Intensive Revision (SIR) exercise.

BJP questions Congress’s claim of 10 lakh attendees

The controversy over the photograph came amid a political dispute between the BJP and Congress over the number of people who attended the Opposition rally.

Ahead of the gathering, the INDIA bloc had projected an attendance of around 10 lakh people. However, BJP leaders questioned the claim following the event.

BJP MP Sambit Patra alleged that a significant portion of Ramlila Maidan remained vacant during the rally. He claimed that around 5,000 to 7,000 chairs out of the 28,000 at the venue were unoccupied between 3:30 pm and 4 pm.

Patra also claimed that approximately 40 per cent of the ground was empty, questioning the Opposition’s projected attendance figure.

These claims formed part of the BJP’s criticism of the rally’s turnout.

INDIA bloc rally targeted Election Commission

The November 1 gathering was organised by the INDIA bloc to protest against alleged irregularities in the functioning of the Election Commission and the SIR exercise.

The Opposition’s demands included accountability over the electoral roll revision process and the resignation of Chief Election Commissioner Gyanesh Kumar.

Several prominent Opposition leaders attended the gathering, including Congress leader Rahul Gandhi, party president Mallikarjun Kharge, Trinamool Congress chief Mamata Banerjee and Samajwadi Party president Akhilesh Yadav.

During his address, Rahul Gandhi accused the Chief Election Commissioner of facilitating alleged vote theft and said the Opposition would continue its fight to protect the Constitution through peaceful and democratic means.

The rally and the subsequent exchanges between BJP and Congress leaders brought the dispute over electoral rolls and crowd attendance into sharper political focus.

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