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SC says can’t go into merits of EC action on complaints about Modi, Shah’s speeches, file separate plea

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Election Commission & Supreme Court

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The Supreme Court (SC) today (Wednesday, May 8) said that in the petition filed by Congress MP Sushmita Dev, it cannot go into the merits of Election Commission’s (EC) orders giving clean chits to Prime Minister Narendra Modi and BJP President Amit Shah.

A bench led by Chief Justice of India Ranjan Gogoiasked for a separate plea specifically challenging the EC order.

The Bench of Chief Justice Ranjan Gogoi with Justice Deepak Gupta was told today by EC counsels Rakesh Dwivedi and Advocate Amit Sharma that the poll panel has decided on the eleven complaints against Prime Minister Modi and Shah.

“These orders have not been challenged,” Dwiveditold the Court.

Senior Counsel Abhishek Manu Singhvi, arguing for the petitioner, submitted that these orders were passed without giving any reason for the same.

The Court, however, observed that the petition filed by Dev was against EC’s inaction in dealing with the complaints of alleged violations of Model Code of Conduct by Modi and Shah in their election speeches.

Since the poll panel has disposed of all the pending complaints against Modii and Shah, the matter stands infructuous and the merits of the orders can be challenged only in an independent petition, said the CJI-led bench.

Abhishek Manu Singhvi, the counsel appearing for Dev, also raised the issue of Modi terming late Rajiv Gandhi “bhrashtachari no.1” in an election speech. However, the court said it would not examine this as the scope of the plea cannot be expanded.

The petition filed by Dev contends that the Election Commission has been slow to act on multiple complaints concerning “frequent and habitual violations” of the MCC by Modi and Shah. The slow response of the Commission on these complaints was contended to be a tacit endorsement of Modi’s and Shah’s conduct, in effect giving them a clean chit despite MCC violations.

The Supreme Court had directed the Commission to decide on the complaints by May 6. On that date, after it came to light that the Commission had given a clean chit to Modi and Shah, it was argued in Court that the Commission has not supplied dissent opinions in its decision. The case was then adjourned for May 8.

Meanwhile, Dev filed an additional affidavit in the matter, alleging discrimination and arbitrariness by the Election Commission in favour of Modi and Shah. Dev alleged that EC had not applied its mind properly in the complaints, and that the orders were passed belatedly in order to give undue edge to the BJP. It also complained that the Election Commission’s clean chits were “arbitrary and opaque”.

The affidavit also states that that the Commission acted against various other political leaders for statements which were similar in tone, tenor, meaning, purport and intention.

Dev has also alluded to the fact that one of the Election Commissioners dissented in these orders and that dissenting opinion has been withheld by the Commission in its orders. This amounts to complete lack of transparency and arbitrariness in the decision-making process when it comes to complaints against Modi and Shah, the affidavit states.[/vc_column_text][/vc_column][/vc_row]

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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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