The Delhi High Court dismissed a plea seeking to disqualify Prime Minister Narendra Modi from participating in any elections for six years. The petitioner had sought PM Modi's disqualification, accusing him of violating the Model Code of Conduct (MCC) by allegedly seeking votes in the name of "god and place of worship" during his recent speech at Pilibhit, Uttar Pradesh.
Dismissing the plea on Monday, the Delhi High Court said that the plea is devoid of merits. Meanwhile, Live Law reported that Justice Sachin Datta rejected the plea moved by lawyer Anand S Jondhale, observing that the petition is “thoroughly misconceived" since it cannot direct the Election Commission of India (ECI) to act in a particular manner.
"The present writ petition is thoroughly misconceived. The petitioner presupposes that there has been a violation. It is not permissible for this Court to direct the ECI to take a particular view," the high court was quoted by Bar and Bench as saying.
The petition filed by Advocate Anand S Jondhale referred to a speech delivered by PM Modi in Pilibhit, Uttar Pradesh on April 9. Jondhale alleged that PM Modi not only sought votes in the name of Hindu and Sikh deities and their places of worship but also made comments against “opposite political parties as favouring Muslims," Live Law reported.
He added that PM Modi's speeches "have the potential to create hatred amongst voters on the line of caste and religion", the report added.
As per Bar and Bench, the petitioner stated that even though he approached the ECI, asking it to register an FIR against the Prime Minister under Sections 153A (promoting enmity between groups) of the Indian Penal Code (IPC) and to disqualify Modi from contesting elections for six years, the Commission took no action.
Advocate Siddhant Kumar, appearing for the ECI, submitted that the poll body has been receiving such applications every day and that it would take action as per the law.
The high court also noted the submission of the Election Commission that it will decide on the representation by the petitioner. "His representation is there. We will process it in accordance with law," ECI counsel Siddhant Kumar reportedly said.
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