Kamal Nath remains a star campaigner; SC stays EC order

The Supreme Court on Monday stayed the Election Commission's decision to revoke the status of former Madhya Pradesh Chief Minister Kamal Nath as a "star campaigner" of Congress party over alleged violations of Model Code of Conduct.

The senior Congress leader's remark calling BJP leader Imarti Devi an "item" triggered a controversy.

Acting on Kamal Nath's petition, a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said that prima facie, EC had no power to withdraw the status of star campaigners.

The top court issued notice to the poll panel after hearing counsel for Kamal Nath briefly.

Read | Kamal Nath expresses regret over 'item' jibe at MP minister

EC's counsel, senior advocate Rakesh Dwivedi, maintained that the matter has become infructuous as the campaign is over. However, the court asked, "Where is the power for the EC to pass orders on status of star campaigners?"

In his plea filed through advocate Varun K Chopra, Kamal Nath asked the top court to quash the October 30 order by the EC and frame guidelines for speeches during campaigning by star campaigners keeping in mind the fundamental right to freedom of speech and expression and concept of democratic elections.

The Model Code of Conduct has been in enforced in 12 districts of Madhya Pradesh since September with the announcment of schedule for by-elections to 28 seats in the state Legislative Assembly on November 3.

Also Read | Nath's remark and the stink of misogyny

He maintained that Section 77(1) of the Representation of People Act, 1951 read with Guidelines for Star Campaigners issued by the EC from time to time makes selection of revocation of ‘Star campaigners’ the sole prerogative of the political party. However, he claimed, the poll panel passed a "completely unreasoned" order against him without any notice and application of mind. This was also violative of principles of natural justice and fair play, he said.

"For a vibrant democracy and for conduct of free and fair elections, it is necessary that voters, candidates, campaigners and workers are not unduly restrained from exercising their freedom of speech and expression guaranteed under Article 19(1)a of the Constitution," he said.

Outpointing instances where objectionable remarks were used against him by BJP leaders, Kamal Nath claimed the EC took no equivalent action against them despite those grossly violating the Model Code of Conduct.

Read | Kamal Nath doesn't know how to respect 'Harijan woman': Imarti Devi

On his remark against Imarti Devi, he said he had already issued clarification and expressed regret. The President of Madhya Pradesh Congress Committee further maintained that there was no malice or intent to disrespect on his part.