Why Delhi High Court rejected plea seeking 6-year poll ban on PM Narendra Modi

The Delhi High Court on Monday rejected a plea seeking a six-year ban on Prime Minister (PM) Narendra Modi from contesting elections for allegedly violating the Model Code of Conduct (MCC) by seeking votes in the name of religion for the upcoming Lok Sabha polls [Anand S Jondhale v Election Commission of India & Anr]..Justice Sachin Datta said that the plea was thoroughly misconceived since it cannot direct the Election Commission of India (ECI) to act in a particular manner.The Court also noted the submission of the ECI that it will decide on the representation by the petitioner."His representation is there. We will process it in accordance with law," ECI counsel Siddhant Kumar said."The present writ petition is thoroughly misconceived. The petitioner presupposes that there has been a violation. It is not permissible for this Court to direct the ECI to take a particular view," the Court said while dismissing the plea.It added that the petitioner pre-supposes that there has been a violation of the model code of conduct but this pre-supposition is totally unjustified. "It is not possible for this court to direct the Election Commission of India (ECI) to take a particular view. ECI is obliged to take independent view on the petitioner’s complaint," Justice Datta said. The present petition being devoid of merits is dismissed, he concluded..Appearing for ECI, Advocate Sidhant Kumar submitted that the poll body has been receiving such applications every day and that it would take action as per the law. The petition filed by Advocate Anand S Jondhale referred to a speech delivered by Modi in Pilibhit, Uttar Pradesh on April 9 where the Prime Minister "not only sought votes in the name of Hindu and Sikh deities and their places of worship but also made comments against opposition political parties as favoring Muslims."Jondhale said that during his speech, PM Modi appealed to the voters to vote for BJP in the name of "Hindu deities and Hindu place of worships as well as Sikh deities and Sikh place of worship.""This statement of the Respondent No.2 [Modi] creating hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities," the plea said..The petitioner stated that even though he approached the ECI with a prayer to register a first information report (FIR) against the Prime Minister under Sections 153A (promoting enmity between groups) of the Indian Penal Code (IPC) and to disqualify Modi from contesting elections for six years, the Commission took no action.Jondhale further argued that PM Modi violated the Model Code of Conduct mentioned in Compendium of Instructions Volume-III under Rules General Conduct-I (1) and (3).The provision states that no party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes or communities, religious or linguistic."It further says that there shall be no appeal to caste or community feelings for securing votes. Mosque, Churches, Temples or other places of worship shall not be used as forum for election propaganda," Jondhale contended.