Delhi High Court dismisses plea seeking six-year poll ban on PM Modi

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New Delhi, April 29: The Delhi High Court has rejected a plea requesting a six-year ban on Prime Minister Narendra Modi from contesting elections, alleging violations of the Model Code of Conduct (MCC) by appealing for votes on religious grounds ahead of the Lok Sabha polls.

Justice Sachin Datta deemed the plea “thoroughly misconceived,” asserting that the court cannot instruct the Election Commission of India (ECI) on specific actions, report Bar and Bench.

   

The Court also acknowledged the ECI’s commitment to reviewing the petitioner’s representation, with ECI counsel Siddhant Kumar affirming, “His representation is there. We will process it in accordance with law.”

Justice Datta emphasized that the petitioner presumed a violation of the model code of conduct, which the court cannot presuppose or dictate the ECI’s response to. He underscored the ECI’s independence in assessing complaints, stating, “It is not possible for this court to direct the Election Commission of India (ECI) to take a particular view.”

Advocate Siddhant Kumar, representing the ECI, assured the court that the poll body would address the matter in line with legal protocols, noting that similar applications were received daily.

The petitioner, Advocate Anand S Jondhale, cited a speech delivered by PM Modi in Pilibhit, Uttar Pradesh, on April 9 as evidence of MCC violations. Jondhale claimed that Modi’s remarks, appealing for votes in the name of Hindu and Sikh deities and criticizing opposition parties as favouring Muslims, incited religious discord.

Despite approaching the ECI with a request for action against Modi under relevant sections of the Indian Penal Code, the petitioner alleged that no action was taken. Jondhale further argued that Modi’s actions violated MCC provisions prohibiting appeals to caste or community sentiments and electioneering in places of worship. The Court ultimately dismissed the petition, stating it lacked merit.

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