Incorrect to take steps that can 'overlap legal process': EC on Opposition allegation about misuse of central agencies

New Delhi: Though several Opposition parties lodged complaints with the Election Commission accusing the BJP-led Union Government of misusing central probe agencies against their leaders, the poll panel on Tuesday stated that it did not find it correct to take any step that could "overlap or overrun" the legal and judicial process.

With the first phase of voting for the Lok Sabha elections approaching in three days, the Election Commission (EC) on Tuesday dismissed allegations of bias made by Opposition parties. These allegations pertained to ensuring equal campaign opportunities for all parties and handling complaints of violations of the Model Code of Conduct (MCC) since it came into effect on March 16 with the announcement of the election schedule.

The commission stated that it was guided by “constitutional wisdom” when presented with “live situations involving political persons” under “active consideration and orders of the courts based on criminal investigations”.

It added that while it remained unwaveringly committed to protecting the level-playing field and campaign entitlement of political parties and candidates, it had not found it correct “to take any step that could overlap or overrun the legal judicial process”.

The Election Commission's statement seems to be a direct response to criticisms from Opposition parties, particularly regarding the perceived misuse of central probe agencies by the BJP-led Union Government to disrupt the level playing field during the Lok Sabha elections. The comments come in the wake of Opposition outcry, including after the arrest of Aam Aadmi Party supremo and Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate.

The EC stated that it had been guided by its mandated responsibility, legal premises, institutional wisdom, equality, and transparency in enforcing the MCC, irrespective of the status and influence of persons concerned and irrespective of political affiliations.

In the month since the MCC came into effect, 16 delegations from seven political parties have met with the commission to register complaints regarding alleged violations of the code and related issues. Additionally, numerous delegations have also engaged with the Chief Electoral Officers in various states, the EC stated.

The commission stated that approximately 200 complaints had been filed by various political parties and candidates, while action had been taken in 169 cases.

The EC noted that it had no obligation to put the details of its actions on violations of the MCC in the public domain, but it had decided to do so to address and stop “misgivings and insinuations at times coming from certain quarters, however small or limited”.

The EC also gave the break-up of the complaints of the violations of the MCC it received and acted on. It received 51 complaints from the BJP and took action in 38 cases. The Congress lodged 59 complaints and the EC acted on 51. The commission received 90 complaints from other parties, out of which actions were taken in 80 cases.

All political parties have been treated at par, the time has been given to all even at short notice and their grievances patiently heard, the commission stated on Tuesday.

The commission led by the Chief Election Commissioner Rajiv Kumar along with the two Election Commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, monitor countrywide pending cases of alleged violations of MCC every day, it added.