Lok Sabha Elections 2024 | Supreme Court quashes plea seeking ban on PM Narendra Modi from polls

A bench of Justices Vikram Nath and S C Sharma asked the petitioner to approach the authorities concerned for the redressal of the grievance.

New Delhi: The Supreme Court on Tuesday declined to entertain a petition seeking direction to the Election Commission to take action against the alleged hate speeches made by BJP leaders, including Prime Minister Narendra Modi, during the ongoing general elections.

A bench of Justices Vikram Nath and Satish Chandra Sharma said that the court is not keen to issue any direction as sought in the petition in relation with the EC.

The petition was filed by one EAS Sarma and others. 

Senior advocate Sanjay Hegde, appearing for the petitioners, vehemently contended that the poll body is not doing its job properly.

“We are not inclined to interfere. We cannot issue such directions under Article 32 of the Constitution," the bench said.

The counsel argued that the court may then at least clarify that only "at this stage" it was not entertaining the plea. 

While declining to entertain the plea, the bench observed that worse things will again happen when the next election comes up.

The plea raised concerns with the speeches delivered by Prime Minister Narendra Modi and Union Minister Anurag Singh Thakur, along with the content posted by the BJP on its social media handles.

The bench also refused to entertain another plea seeking a direction to the EC to disqualify Prime Minister Narendra Modi from elections for six years under Representation of People Act.

The plea by one Fatima sought a direction to the ECI to take action against the PM as per the model code of conduct, mentioned in the Compendium of Instruction Volume-III under Rules-General Conduct (1 and 3) immediately.

During the brief hearing, the bench asked the petitioner to approach the relevant authorities with the grievance. "Have you approached the authorities? For writ of mandamus you must approach the authorities first," said the bench. The petitioner urged the bench to allow the plea to be withdrawn. "Dismissed as withdrawn….," said the bench.

The plea contended that on April 21, 2024, the PM, as a part of poll campaign for Lok Sabha Election 2024, addressed a public rally of voters at Banswara, Rajasthan.

"He made statements which are clearly aimed at creating enmity between groups. The speech has been uploaded by the official handle of Narendra Modi in the public domain," the plea said.

The plea said that various organisations and many individuals have filed the complaints with the ECI but the poll body has failed to take any effective action against the PM, so as to restrain him from seeking the votes in the name of religious deities and places of worship.