GUWAHATI: The Delhi High Court on Monday dismissed a petition seeking a six-year ban on Prime Minister Narendra Modi from contesting elections for allegedly violating the Model Code of Conduct (MCC) by seeking votes in the name of religion during the upcoming Lok Sabha elections (Anand S Jondhale v Election Commission of India & Anr).
Justice Sachin Datta, who presided over the case, described the plea as "thoroughly misconceived," stating that it is not within the Court's jurisdiction to direct the Election Commission of India (ECI) to act in a specific manner. The High Court also took note of the ECI's assurance that it would consider the representation submitted by the petitioner in accordance with the law.
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"The present writ petition is thoroughly misconceived. The petitioner presupposes that there has been a violation. It is not permissible for this Court to direct the ECI to take a particular view," Justice Datta said, dismissing the plea.
Advocate Siddhant Kumar, representing the ECI, informed the Court that the poll body regularly receives similar representations and assured that action would be taken in line with the law.
The petitioner, advocate Anand S Jondhale, cited a speech delivered by Modi in Pilibhit, Uttar Pradesh, on April 9. Jondhale alleged that the Prime Minister's speech sought votes in the name of Hindu and Sikh deities and their places of worship, which he argued constituted a violation of the MCC. Additionally, Jondhale claimed that the speech made disparaging comments about opposition political parties, suggesting they favour Muslims.
Jondhale said that despite approaching the ECI to register a First Information Report (FIR) against Modi under Section 153A of the Indian Penal Code (IPC), which pertains to promoting enmity between groups, the Commission did not take any action. He further requested that the ECI disqualify Modi from contesting elections for six years for violating the MCC.
The MCC, which guides election conduct, prohibits activities that aggravate existing differences or create mutual hatred between different groups, communities, or religions. It also prohibits candidates from using places of worship as forums for election propaganda.
Despite the petitioner's arguments, the High Court concluded that the petition was not properly grounded and that the ECI should be allowed to address the issue through its established processes.
