EXPLAINED: HOW EC NOTICE ON CODE VIOLATION AGAINST PM MODI IS A FIRST IN MANY WAYS

It’s election season — the country is voting in Phase 2 of the Lok Sabha polls — and with it comes Model Code of Conduct violations. In fact, a day before the country went to the polls (on Thursday), the Election Commission (EC) issued separate notices on complaints of violations of the Model Code of Conduct (MCC) against Prime Minister Narendra Modi, Congress chief Mallikaarjun Kharge and Member of Parliament (MP) Rahul Gandhi.

While this in itself is noteworthy, the news is even more unique as the polling agency for the first time sent the notices to the party.

Here’s what we know and how this is a significant deviation from the past.

EC issues notice for PM Modi, Kharge and Gandhi remarks

On Thursday (25 April), the Election Commission took cognisance of alleged Moral Code of Conduct (MCC) violations by Prime Minister Narendra Modi, and Congress leaders Mallikarjun Kharge and Rahul Gandhi.

The polling agency has sought responses by 11 am on Monday, stating that campaign speeches of star campaigners needed to be judged “at a higher threshold of compliance”.

The EC’s action came after both the BJP and Congress had raised allegations of causing hatred and divide based on religion, caste, community, or language.

In the case of PM Modi, the Congress, CPI and CPI (ML) had filed complaints regarding the remarks made by the PM on 21 April in Rajasthan’s Banswara. In its complaint to the EC, the Congress said that Modi in his speech had alleged that Congress wanted to redistribute the wealth of the people to Muslims and that the opposition party won’t even spare the ‘mangalsutra’ of women.

On the other hand, the BJP complained about Rahul Gandhi’s speech in Coimbatore, Tamil Nadu. According to a PTI report, Gandhi had levelled malafide and utterly sinister allegations against Modi during the speech. Moreover, the ruling party also accused Kharge of violating the model code by claiming that he was not invited to the Ram temple consecration ceremony due to discrimination against SCs and STs.

A first by the EC

Interestingly, this is the first time in recent history that the panel has taken cognisance of a complaint against a prime minister. As Indian Express reports, no sitting prime minister, to date, has been issued a notice on a MCC violation complaint.

In fact, in the 2019 Lok Sabha elections, the Opposition had filed MCC violation complaints against PM Modi. At the time, the EC had given the PM a clean chit.

But what is even more noteworthy and a first for the polling body is that the notices have been sent to the respective party presidents instead of directly to the concerned individuals.

Hence, the notice for PM’s complaint went to BJP president JP Nadda and the Congress’ was sent to Mallikarjun Kharge.

Even more interestingly, the notices did not take names of the people and in the BJP notice, the EC asked Nadda to bring to the notice of all star campaigners of the party to “set high standards of political discourse and observe provisions of model code of conduct in letter and spirit”.

In the Congress notice too, the EC didn’t name Rahul Gandhi or anyone and sent it to Kharge.

Ever since the EC announced the polling season, it has issued showcause notices to several leaders across the board. Congress leader Supriya Shrinate, BJP MP from West Bengal Dilip Ghosh, Aam Aadmi Party leader Atishi, Congress leader Randeep Singh Surjewala, and Bharat Rashtra Samithi chief K. Chandrashekar Rao are just a few examples. However, in all of these cases the notice was sent to the individual rather than their party.

Reaction to EC’s move

The Congress on receiving the notice has reacted, questioning the identical language used by the Election Commission.

A former EC official also questioned the agency’s move. In an Indian Express report, he was quoted as saying: “If you issue a notice to a party for the comments of a leader, how much of a room do you have to act against the leader? Also, let’s say the party’s reply is unsatisfactory. What action will you take against the party? Their intent with this (move) is not clear.”

With inputs from agencies

2024-04-26T07:10:19Z dg43tfdfdgfd