Cong seeks laying down guidelines on violations of MCC

Congress on Monday asked the Supreme Court to lay down guidelines for violations of the model code of conduct, saying the Election Commission gave clean chit to Prime Minister Narendra Modi and BJP president Amit Shah on all complaints against them for their speeches during the campaign.

A bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta asked senior advocate A M Singhvi to bring the orders passed by the EC on record, and put the matter for consideration on May 8.

Singhvi said the EC passed unreasoned orders on the most of complaints and several orders had dissent of one Election Commissioner.

Singhvi said six to seven orders were passed by the EC and, no reasons were given. Most of the orders had dissent.

"This matter requires consideration after elections. The court should lay down guidelines as it relates to the basic structure and dissent must be disclosed in all cases," he said.

"Some of the orders should be looked at by the SC," he said.

The top court had on Thursday told the Election Commission to decide upon all pending complaints filed by Congress party against Modi and BJP Shah for violating the Model Code of Conduct before May 6.

Dev, through her petition, sought a direction to the EC to act on complaints filed against Modi and Shah.

She had contended the complaints filed with the poll panel must be decided within 24 hours, saying a delay of over three weeks for “deliberate and repeated violations affected the level playing field and made the PM a habitual offender”.

Dev, an MP from Silchar in Assam, said it was in public domain that Modi and Shah have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition by the EC.

"The Prime Minister in blatant violation of the MCC held a rally on the day of polling in Gujarat on April 23rd, 2019 i.e. date of voting for the third phase of the election," she said.

The petitioner claimed the Indian National Congress has moved over 40 representations to the Election Commission since the proclamation of the Model Code of Conduct.

But there have been inactions for more than three weeks with regard to superintendence, direction and conduct of General Elections, 2019.

"Inaction, and omissions by the EC, despite being the Constitutional watchdog for ensuring free and fair elections, has become a tool in the hands of the dispensation to facilitate the violation of the provisions of the Constitution," she contended.