Delhi HC junks plea to ban PM Modi from elections for invoking religion in election speeches

The bench said that the petition was thoroughly misconceived as it was based on a fundamental misunderstanding and presupposed violation, and it was beyond the court's authority to instruct the Election Commission to take a particular view on a complaint.

New Delhi: The Delhi High Court on Monday declined to entertain a plea to impose a six-year ban on Prime Minister Narendra Modi for his election speeches invoking religion.

A bench of Justice Sachin Datta said that the petition was thoroughly misconceived as it was based on a fundamental misunderstanding and presupposed violation, and it was beyond the court's authority to instruct the Election Commission (EC) to adopt a specific stance or take a particular view on a complaint.

The court, however, said that the EC would consider a complaint by advocate Anand S Jondhale, a lawyer in accordance with law.

The petitioner referred to PM Modi's speech delivered on April 9 in Uttar Pradesh had invoked religion.

He also referred a speech delivered on April 21, which was made after a representation to the Election Commission and such complaints were received by the poll panel on a daily basis.

He sought a direction on the EC to disqualify the Prime Minister from elections for six years under Representation of Peoples Act.

He also sought a direction to restrain PM Modi from seeking votes in the name of religious deities and places of worship.

The petitioner contended that PM Modi's speech constituted an offence under Section 153A of the Indian Penal Code (IPC) and warranted disqualification under the Representation of the People Act, 1951.