Decide on complaints against Modi, Amit Shah before May 6: SC tells EC

The Supreme Court on Thursday asked the Election Commission to decide all nine complaints of the Congress party alleging violation of the Model Code of Conduct (MCC) by Prime Minister Narendra Modi and BJP president Amit Shah before the next date of hearing on May 6.

A Bench led by Chief Justice Ranjan Gogoi said “the remaining representations of the petitioners shall be decided by the Election Commission before we hear the matter again on Monday (May 6).”

The EC told the court that it has already decided on two out of the 11 complaints which were filed by the Congress party against the duo for alleged violation of the Model Code of Conduct. In both the complaints, the poll panel has cleared Modi.

On Wednesday, the EC had said that Modi did not violate any code by appealing to first-time voters to dedicate their votes to security personnel killed in the Pulwama attack in February. On Tuesday, the commission cleared Modi in another instance of alleged violation at a rally in Maharashtra’s Wardha district on April 1, where the PM had claimed that Congress president Rahul Gandhi had been forced to contest the election from Wayanad in Kerala because of its sizeable Muslim population.

Senior counsel AM Singhvi, appearing for Congress Lok Sabha MP Sushmita Dev, said they have given 11 representations to the EC against the duo but it has taken decision on only two.

While seeking expeditious action “without any delay or demur, and in any case not later than 24 hours from the (court’s) order”, Dev, who is also All India Mahila Congress president, had further alleged that Modi and Shah had indulged in hate speech and had repeatedly used the armed forces for “political propaganda”.

The petitioner claimed the Congress party had moved over 40 representations to the Election Commission since the proclamation of the MCC. But there have been inactions for more than three weeks with regard to superintendence, direction and conduct of general elections, 2019.

“Inaction, and omissions by the EC, despite being the Constitutional watchdog for ensuring free and fair election, has become a tool in the hands of the dispensation to facilitate the violation of the provisions of the Constitution, the provisions of the Act and the Rules,” she said.

“The slow response of the ECI in this regard is also contended to be a tacit endorsement of Modi’s and Shah’s conduct, in effect giving them a clean chit despite MCC violations,” the petition had said.