The Delhi High Court on Friday said that it cannot micromanage the functioning of the Election Commission of India (ECI) which is a constitutional body..The remark was made by Justice Sachin Datta in response to a petition seeking registration of a first information report (FIR) against Prime Minister Narendra Modi for alleged communal speeches during the Lok Sabha elections campaign. "Who is to decide that there has been violation of the model code of conduct? ECI is a constitutional body, we cannot micromanage it," the Bench remarked. .Advocate Nizam Pasha appeared for the petitioners and argued that ECI's actions cannot depend on who the person making the hate speeches is and the response has to be uniform. Advocate Suruchi Suri, representing the ECI, said that the commission has issued notice on the complaints received by it and a reply is expected from the ruling party by May 15 after which action will be taken as per law..The Court then proceeded to list the case for further hearing on Monday, May 13 and asked Pasha to bring the relevant material on record. .The plea refers to the Prime Minister's speech at Banswara, Rajasthan on April 21 where he said that Congress will take the wealth of people and distribute it to those who have "more children" and to "infiltrators". The petition cited to Modi's speech at Sagar, Madhya Pradesh on April 24 where he alleged that the Congress party had given reservation based on religion.The plea said that despite a large number of complaints by several citizens, the ECI failed in taking any effective action. "This inaction on the part of the Respondent [ECI] is manifestly arbitrary, malafide, impermissible and constitutes a violation of its constitutional duty. It amounts to rendering the MCC futile, the very purpose of which is to ensure that communal harmony and the spirit of brotherhood is not given a go-by by candidates to secure victory in the elections. It is further submitted that the omissions and commissions by Respondent are not only in complete and direct violation of Articles 14, 21 and 324 of the Constitution of India but are also impeding free, fair and unbiased General Elections," the petition said.The plea further said that even though the ECI has issued notices to several leaders like K Chandrasekhar Rao, Atishi, Dilip Ghosh and others, no such action has been taken against PM Modi and even the notice issued with regard to his speech was to BJP President."While Respondent has taken action in the past including during the present elections against campaigners making speeches in violation of the Model Code of Conduct including imposition of bans from further campaigning and registration of FIRs, no such action has been forthcoming against Shri Narender Modi and other persons making hate speeches during the ongoing election campaign."The petition also refers to speeches by BJP President JP Nadda and Union Minister Anurag Thakur and sought action against all the leaders who have made communal speeches.
The Delhi High Court on Friday said that it cannot micromanage the functioning of the Election Commission of India (ECI) which is a constitutional body..The remark was made by Justice Sachin Datta in response to a petition seeking registration of a first information report (FIR) against Prime Minister Narendra Modi for alleged communal speeches during the Lok Sabha elections campaign. "Who is to decide that there has been violation of the model code of conduct? ECI is a constitutional body, we cannot micromanage it," the Bench remarked. .Advocate Nizam Pasha appeared for the petitioners and argued that ECI's actions cannot depend on who the person making the hate speeches is and the response has to be uniform. Advocate Suruchi Suri, representing the ECI, said that the commission has issued notice on the complaints received by it and a reply is expected from the ruling party by May 15 after which action will be taken as per law..The Court then proceeded to list the case for further hearing on Monday, May 13 and asked Pasha to bring the relevant material on record. .The plea refers to the Prime Minister's speech at Banswara, Rajasthan on April 21 where he said that Congress will take the wealth of people and distribute it to those who have "more children" and to "infiltrators". The petition cited to Modi's speech at Sagar, Madhya Pradesh on April 24 where he alleged that the Congress party had given reservation based on religion.The plea said that despite a large number of complaints by several citizens, the ECI failed in taking any effective action. "This inaction on the part of the Respondent [ECI] is manifestly arbitrary, malafide, impermissible and constitutes a violation of its constitutional duty. It amounts to rendering the MCC futile, the very purpose of which is to ensure that communal harmony and the spirit of brotherhood is not given a go-by by candidates to secure victory in the elections. It is further submitted that the omissions and commissions by Respondent are not only in complete and direct violation of Articles 14, 21 and 324 of the Constitution of India but are also impeding free, fair and unbiased General Elections," the petition said.The plea further said that even though the ECI has issued notices to several leaders like K Chandrasekhar Rao, Atishi, Dilip Ghosh and others, no such action has been taken against PM Modi and even the notice issued with regard to his speech was to BJP President."While Respondent has taken action in the past including during the present elections against campaigners making speeches in violation of the Model Code of Conduct including imposition of bans from further campaigning and registration of FIRs, no such action has been forthcoming against Shri Narender Modi and other persons making hate speeches during the ongoing election campaign."The petition also refers to speeches by BJP President JP Nadda and Union Minister Anurag Thakur and sought action against all the leaders who have made communal speeches.
