'Thoroughly Misconceived', says Delhi HC while dismissing a plea seeking PM disqualification

Apr 29, 2024

New Delhi [India], April 29 : The Delhi High Court on Monday dismissed a plea seeking direction to the Election Commission of India (ECI) to disqualify Prime Minister Narendra Modi for allegedly seeking votes for the BJP in the name of religious deities and places of worship for the ongoing Lok Sabha elections.
While dismissing the plea, the bench of Justice Sachin Datta said the petition is "thoroughly misconceived" and we cannot direct ECI to take a particular view on any particular complaint.
Appearing for ECI, Advocate Sidhant Kumar opposed the plea, stating that it is dealing with such applications on a daily basis and will take action as per law. He has filed the representation and we will process it. The commission is a constitutional body.
Petitioner, practising lawyer Anand S Jondhale, claimed that a speech delivered by PM Modi at Pilibhit, Uttar Pradesh, sought votes for his party, appealing to the voters to vote for his Party in the name of Hindu deities and Hindu places of worship, as well as Sikh deities and Sikh places of worship.
The plea stated that in the interest of fair elections, the part of ECI should take immediate action against PM Modi since the date of voting is approaching very fast. He submitted that the speeches of PM Modi, who is delivering such kinds of speeches across India, have the potential to create hatred amongst voters on the line of caste and religion and it was expected on the part of ECI to take immediate action against PM Modi.
Petitioner, in his complaint before ECI, stated that PM has violated the Model Code of Conduct mentioned in Compendium of Instructions Volume-III under Rules "General Conduct-I(1) and (3)", which states that no Party or candidate shall include in any activity which may aggravate existing differences, create mutual hatred or cause tension between different castes or communities, religious or linguistic.
The complaint further stated that there would be no appeal to caste or community feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as a forum for election propaganda.

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