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Violations of the Model Code of Conduct, the Representation of the People Act and the IPC by Prime Minister Narendra Modi| Countercurrents

Narendra Modi

Nasty

Shri Rajiv Kumar

Chief Election Commissioner

Dear Shri Rajiv Kumar,

I refer to Prof. Jagdeep S. Chhokar’s letter to you regarding a serious case of violation of MCC by Prime Minister Modi in Rajasthan. Please read it along with my earlier latest on a series of similar violations of the MCC committed by Shri Modi ( https://countercurrents.org/2024/04/does-the-eci-have-one-set-of-model-code-of-conduct -demands-for-senior-bjp-star-campaigners-and-another-set-for-others/).

Shri Modi’s statement in Rajasthan prima facie amounts not only to invoking religion for votes but also to misrepresenting the statements of others. Invoking religion for voting amounts to a “corrupt practice” under Section 123 of the Representation of People Act, which carries severe penalties.

May I fully endorse Prof Chhokar’s complaint and demand urgent action from your side?

If you fail to take action, you will not only encourage others to also violate the MCC, but you will also become a party to the alleged violation.

If the Commission does not act, it will be in breach of the mandate under Article 324

Yours faithfully

EAS Sarma

Former Secretary to the Government of India

Visakhapatnam


Jagdeep S. Chhokar, PhD., LL.B.

Professor (retired) and former dean, Indian Institute of Management, Ahmedabad

Shri Rajiv Kumar

Chief Election Commissioner

Shri Gyanesh Kumar

Election Commissioner

Dr. Sukhbir Singh Sandhu

Election Commissioner

Subject: Violation of (a) the Model Code of Conduct, (b) Section 123(3) and (3A), 125 of the Representation of the People Act, 1951, and Section 153A of the Indian Penal Code by Shri Narendra Modi, the Prime Minister , in a speech in Banswara, Rajasthan, on April 21, 2024.

Dear S/Shri Rajiv Kumar, Gyanesh Kumar and Dr. Sukhbir Singh Sandhu,

1. I write to you as a concerned citizen of India and a keen observer of the political and electoral situation in the province, while being completely impartial on ALL political parties.

2. I am concerned about the political discourse in the current campaign for the 2024 Lok Sabha elections. However, it is a speech by Shri Narendra Modi, the Prime Minister, at Banswara in Rajasthan, on April 21, 2024, that sets me free to write to you to file a complaint for violation of the Model Code of Conduct.

3. A link to the video of this speech is available at the link https://www.youtube.com/watch?v=E8s9LkUoFzA, titled “PM Modi Live | Public meeting in Banswara, Rajasthan | Lok Sabha elections 2024”.

4. Anyone who watches the entire video, in my opinion, will be left in no doubt whatsoever that it is an election campaign video. Shri Modi is a star campaigner for the Bharatiya Janata Party (BJP) and actually names candidates contesting on behalf of the BJP.

5. I urge the full Commission to particularly watch the video from 36:44 to 38:01, a Hindi transcription of which, taken from the You Tube link mentioned above, is reproduced below.

6. =============================================== =
36:44

I think it’s okay. Yes

36:50

I think it’s good. I think I did good

36:59

I think I did well

37:04

I think I did well

37:10

I think I did a good job. I think I did a good job

37:17

I think I did a good job. I think I did a good job

37:26

I think I did a good job. I think I did a good job

37:34

I think it’s good. I think it’s good

37:40

I think I did a good job. I think I did a good job

37:48

I think I did well

37:54

I think I did a good job. I think I did a good job

38:01

I think that it

7. It is clear to me that the above excerpts from Shri Modi’s speech are clearly violative of Sections 123(3), 123(3A) and Section 125 of the Representation of the People Act (RPA), 1951. The RPA , 1951 can be seen at https://www.indiacode.nic.in/bitstream/123456789/2096/5/a1951-43.pdf.

8. Sections 123(3), 123(3A) and Section 125 of the RPA, 1951 are reproduced below for your reference.

“123(3) The appeal of a candidate or his agent or of any other person with the consent of a candidate or his election agent to vote for or to abstain from voting for a person on account of his religion, race, caste, community or language or the use of or invocation of religious symbols, or the use of or invocation of national symbols, such as the national flag or national emblem, to promote the election prospects of that candidate or to adversely affecting the election of a candidate:

Provided that no symbol granted to a candidate under this Act shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.”

“123(3A) Promoting, or attempting to promote, feelings of enmity or hatred between different classes of citizens of India on grounds of religion, race, caste, community or language, by any candidate or his agent or any other person having consent of a candidate or his election agent to further the prospects of that candidate’s election or to adversely affect the election of a candidate.”

“125. Promoting enmity between classes in connection with elections.-Any person who, in connection with an election under this Act, promotes or attempts to promote feelings of enmity or hatred between different classes of citizens of India on grounds of religion, race, caste, community or language, shall be punishable with imprisonment for a term which may extend to three years, or with a fine, or with both.”

9. In addition to the aforesaid violations of the RPA 1951, the aforesaid speech and its excerpts also specifically invoke the provisions of Section 153A of the Indian Penal Code which reads as follows:

153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.—(1) Whoever—

(a) advertises or attempts to promote, by words, spoken or written, or by signs, visual representations or otherwise, on the grounds of religion, race, place of birth, residence, language, caste or community or on any other basis also disharmony or feelings of enmity, hatred or ill will between different religious, racial, linguistic or regional groups, castes or communities, or

(b) commits any act prejudicial to the maintenance of harmony between different religious, racial, linguistic or regional groups or castes or communities and which disturbs or is likely to disturb public peace.

The full text of the Indian Penal Code can be found at https://lddashboard.legislative.gov.in/sites/default/files/A1860-45.pdf.

10. I urge the Commission to take appropriate action against the violations described above, with information to the undersigned.

11. Since the elections are already underway, it is imperative that the action is taken without wasting any time.

12. Really looking forward to hearing from you VERY SOON.

Kind regards,

Jagdeep S. Chhokar