Delhi High Court dismisses motion to take PM Modi before the EC

A petition demanding urgent action against Prime Minister Narendra Modi and other candidates for allegedly making “communally divisive speeches” during the Lok Sabha elections in breach of the Model Code of Conduct (MCC) was denied by the Delhi High Court on Monday.

The petition was dismissed by Justice Sachin Datta, who said it was ill-conceived. “This court finds no merit in the petition,” he said. As a result, it is rejected.

The appeal asked that the Election Commission of India (ECI) be instructed to take prompt action against candidates who provide hate speeches in violation of the MCC, including filing FIRs.

The appeal included remarks made by Prime Minister Modi in Rajasthan and Madhya Pradesh, tweets by JP Nadda, the leader of the BJP, and a speech given on April 27 by Union Minister Anurag Thakur in Himachal Pradesh.

The petitioners’ attorney, Nizam Pasha, said that the EC could not use disparate criteria while prosecuting various politicians. But before declaring the polls, counsel Suruchi Suri, speaking on behalf of the ECI, cited a directive sent to all political parties on March 1.

Pasha said that the petitioner filed a representation to the EC on April 24 and again reminded them on May 3. Suri replied that the political party in issue was expected to answer by May 15 at the latest, after which, if necessary, action would be taken.

Judge Datta said that the EC is a constitutional body and that the court could not micromanage it. The EC is now investigating the issue.

The petition contended that the EC’s inaction in responding to many complaints was arbitrary and a breach of its constitutional obligations.