NEW DELHI: The Delhi High Court has dismissed a plea seeking a direction to the Election Commission of India (ECI) to disqualify Prime Minister Narendra Modi from contesting elections for 6 years, saying, "The petition is thoroughly misconceived".
"The petitioner presupposes that there has been a violation," Justice Sachin Datta noted, while taking on record the ECI’s submission that it will process the application.
Advocate Siddhant Kumar appearing for Election Commission of India (ECI) submitted that the commission will look into Jondhale's complaint in accordance with the law, and said, “This is a speech of April 21 which is after his representation. ECI receives such complaints on a daily basis...He has filed the representation and we will process it. The commission is a constitutional body.”
The petitioner alleged that PM Modi had sought votes in the name of "god and place of worship" during his recent speech in Pilibhit, Uttar Pradesh, and that unless stopped, he would make the same violative speech in other places as well.
“...the Respondent No.2 (Prime Minister Modi) is on the run of making the same violative speech throughout India while travelling in aircrafts and helicopter of Government of India,” the plea stated.
Jondhale's complaint to ECI referred to PM Modi’s alleged statement that he had constructed the Shri Ram Temple in Ayodhya, developed Kartarpur Sahib Corridor and brought back the copies of Guru Granth Sahib from Afghanistan.
The plea sought immediate action stating that the date of voting for the Lok Sabha polls is fast approaching, and “the speeches of the PM have the potential to create hatred amongst voters on the line of caste and religion”.
Jondhale further alleged that he had filed a complaint earlier this month to register an FIR against PM Narendra Modi under Section 153A of the Indian Penal Code, and to disqualify him for six years under the Representation of the People Act, 1951, with immediate effect. However, no action has been taken by the ECI till date.
Cause Title: Anand S Jondhale v Shri Rajiv Kumar Chief Election Commissioner of India & Anr.
