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Seems EC has got its powers now, says Supreme Court, dismisses Mayawati’s plea against gag order

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[vc_row][vc_column][vc_column_text]The Supreme Court today (Tuesday, April 16) expressed satisfaction with Election Commission (EC) taking action against leading political candidates for their communal speeches, soon after being pulled up by the court for describing itself as “toothless” and “powerless” in the face of hate.

“Seems you have got your powers now,” Chief Justice of India (CJI) Ranjan Gogoi remarked to the EC.

After being pulled up by the Supreme Court, the EC had acted against Uttar Pradesh Chief Minister Yogi Adityanath, Bahujan Samaj Party (BSP) chief Mayawati, Samajwadi Party leader Azam Khan and BJP leader Maneka Gandhi, prohibiting them from election campaign for 48 to 72 hours.

“We found we have several powers…” senior advocate CA Sundaram, who appeared for the ECI in the case, acquiesced.

“So, EC has woken up to its powers,” CJI Gogoi said pointedly, again.

On Monday, the EC had claimed it was mostly helpless if candidates spewed communal vitriol in their campaign speeches for Lok Sabha polls of 2019.

This had riled a Bench led by CJI Ranjan Gogoi, who initially threatened to summon Chief Election Commissioner Sunil Arora to take the court’s questions. The court had then decided to delve deep into the EC’s claims that its powers were “circumscribed”. It had given the Commission exactly 24 hours to be ready with a response.

Shortly after the order was passed on Monday, the EC passed orders against the four politicians, gagging them.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1555408156293{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: #bcbcbc !important;border-radius: 10px !important;}”]The Supreme Court also dismissed BSP chief Mayawati’s objections to the EC’s order that barred her from campaigning for 48 hours. The court asked her to file a separate plea against the poll body’s gag order

Mayawati alleged that the Election Commission passed ex-parte orders. Mayawati’s lawyer and senior advocate Dushyant Dave said the EC’s gag is “extremely drastic”. He sought an urgent hearing at 2 pm on Tuesday.

“This is harsh. Meetings are already scheduled,” Dave urged the court for a hearing.

“File an appeal if you want. Not commenting on anything now,” Chief Justice dismissed the plea.

The EC ban came to effect from 6 am on Tuesday. The ban means Mayawati will not be able to address a rally in Agra on Tuesday – the last day before campaigning for the second phase of elections comes to an end. Eight of the 80 Lok Sabha seats of Uttar Pradesh will vote on April 18.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]“Pursuant to order passed yesterday (April 15), EC has taken action, appropriate details of which have been submitted. No further order called for today. Mention (the case) as and when required,” the Supreme Court recorded in its order on Tuesday.

On Monday, the Chief Justice lashed out at the EC, saying, “You are basically saying you (EC) are toothless and powerless against hate speeches. The highest 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? That is your powers under the law?”

The Court said the EC was “duty-bound” to act promptly against hate speech given in violation of the Model Code of Conduct under place in the 2019 Lok Sabha polls.

The Court was hearing a petition filed by an NRI, Harpreet Mansukhani, highlighting the increase in hate and divisive speeches in the name of religion and caste in the Lok Sabha elections of 2019.

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 EC.

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

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.”

Also Read: Case filed against Azam Khan over sexist ‘Khaki underwear remark’, EC takes action

“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.

Also Read: Supreme Court asks EC to watch full Modi biopic, give opinion by Fri in sealed cover

“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.[/vc_column_text][/vc_column][/vc_row]

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AI errors in voter list digitisation causing hardship during SIR, Mamata writes to EC chief

Mamata Banerjee has written to the chief election commissioner alleging that AI-driven digitisation errors in electoral rolls are causing hardship, harassment and distress to genuine voters during the SIR process in West Bengal.

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mamta banerjee

West Bengal Chief Minister Mamata Banerjee has once again written to Chief Election Commissioner Gyanesh Kumar, alleging that errors arising from AI-driven digitisation of the 2002 electoral rolls are causing widespread hardship to genuine voters during the ongoing Special Intensive Revision (SIR) exercise in the state.

In her fifth letter since the SIR process began, Banerjee claimed that the use of artificial intelligence tools to digitise older voter lists led to serious inaccuracies in electors’ personal details. According to her, these errors have resulted in large-scale data mismatches, with many genuine voters being wrongly flagged as having “logical discrepancies”.

The chief minister accused the Election Commission of disregarding statutory processes that had been followed over the past two decades. She said voters were now being forced to re-establish their identity despite corrections having been made earlier through quasi-judicial hearings.

Calling the approach arbitrary and illogical, Banerjee alleged that it went against the constitutional spirit by effectively disowning the commission’s own past actions and mechanisms. She further claimed that voters submitting documents during the SIR exercise were not being given proper acknowledgements, terming the procedure “fundamentally flawed”.

Raising concerns over the nature of hearings, Banerjee said the SIR process had become largely mechanical and overly dependent on technical data, lacking sensitivity, human judgment and compassion. She argued that such an approach undermines democratic values and the constitutional framework.

Highlighting the human impact of the exercise, the chief minister claimed that the revision process had already seen 77 deaths, four suicide attempts and 17 cases of hospitalisation. She attributed these incidents to fear, intimidation and excessive workload caused by what she described as an unplanned exercise by the Election Commission.

Banerjee also criticised the treatment of several eminent citizens, alleging that they were subjected to harassment during the process. She further expressed concern over the handling of cases involving women voters, particularly those who had changed their surnames after marriage or shifted to their matrimonial homes.

According to her, women electors were being questioned and summoned to prove their identity, reflecting a lack of social sensitivity and amounting to an insult to women and genuine voters. She questioned whether a constitutional authority should treat half of the electorate in such a manner.

Urging immediate corrective steps, Banerjee called on the Election Commission to address the issues arising from the SIR exercise to end what she described as harassment and agony for both citizens and officials, and to safeguard democratic rights.

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Communist Party of China delegation visits BJP headquarters in Delhi

A delegation from the Communist Party of China, led by Vice Minister Sun Haiyan, visited the BJP headquarters in Delhi and held discussions on inter-party communication.

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China delegation visits BJP office

A delegation from the Communist Party of China (CPC), led by Sun Haiyan, Vice Minister of the International Department of the CPC Central Committee (IDCPC), visited the Bharatiya Janata Party (BJP) headquarters in Delhi on Monday.

During the visit, the Chinese delegation held discussions with a BJP team headed by party general secretary Arun Singh. The talks focused on ways to advance inter-party communication and engagement between the BJP and the CPC.

Sharing details of the meeting, BJP foreign affairs department in-charge Vijay Chauthaiwale said the interaction involved an in-depth exchange on strengthening party-to-party dialogue. He confirmed the visit in a post on social media, stating that the CPC delegation was received at the BJP head office as part of ongoing inter-party interactions.

The Chinese Ambassador to India, Xu Feihong, was also present during the meeting, accompanying the CPC delegation.

According to Chauthaiwale, the visit was led by Sun Haiyan in her capacity as Vice Minister of the IDCPC, underscoring the importance attached to party-level exchanges between the two sides.

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Only Marathi leadership will run BMC, says Fadnavis ahead of civic polls

Devendra Fadnavis says BMC will remain under Marathi leadership, dismissing opposition claims of threats to the Marathi community ahead of civic polls.

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Devendra Fadnavis

With elections to major civic bodies approaching, Maharashtra Chief Minister Devendra Fadnavis on Monday asserted that the Brihanmumbai Municipal Corporation (BMC) would continue to be led by a Marathi leader, rejecting opposition claims that the interests of the “Marathi manush” were under threat.

Addressing the political narrative around Marathi identity, Fadnavis said that it was not the Marathi community whose existence was at risk, but certain political forces attempting to create fear ahead of the polls. He stressed that Maharashtra belongs to all Marathi people and not to any single political group.

“I want to reiterate that only a Marathi person will be at the helm of affairs in the BMC. Only Marathi will lead,” the chief minister said, pushing back against allegations of marginalisation of the Marathi community.

Language policy row and cabinet decision

Responding to criticism over the language policy debate, Fadnavis said the recommendation to teach Hindi and English in schools was approved during the tenure of former chief minister Uddhav Thackeray. He clarified that the present government had merely constituted a committee to examine the implementation of that earlier cabinet decision.

According to Fadnavis, the report recommending the inclusion of Hindi and English was submitted in September 2021 and received cabinet approval in January 2022, with the decision being reaffirmed later. “We have only formed a committee to study the implementation of that decision, yet unnecessary controversy was created,” he said.

Opposition sharpens attack

Earlier, Shiv Sena (UBT) chief Uddhav Thackeray accused the state government of damaging Mumbai over the last three years and claimed that the work carried out by the undivided Shiv Sena over 25 years was being undone.

The political rhetoric intensified further after Maharashtra Navnirman Sena (MNS) chief Raj Thackeray called for Marathi unity, warning that Maharashtra’s language, land and identity were under threat. Addressing party workers, he said any attempt to impose Hindi in the state would be opposed and described the upcoming BMC polls as a decisive election for the Marathi community.

The exchanges come ahead of elections to 29 municipal corporations across Maharashtra, including the BMC, Pune Municipal Corporation and Pimpri-Chinchwad Municipal Corporation. Polling is scheduled for January 15, with counting to take place on January 16.

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