Saturday, February 7, 2015

Delhi polls: BJP candidate alleges manhandling by AAP workers // AAP asks her to file complaint // What happened to the EC Notice of April 2014 to Narendra Modi for violating the R.P. Act?

NB: This is very interesting. A BJP candidate has protested against manhandling and the violation of election rules by AAP volunteers. I hope she files a complaint and the guilty AAP cadre are put on trial. 

But Mr Modi himself was accused of violating election rules last year. Is there any chance that the EC's complaint of 30/04/14 against Modi will ever come before a court? In its notice, the EC  had said "it was evident that the said address was in the nature of political speech intended & calculated to influence & affect the result of elections in the constituencies going to polls today, not only in Ahmadabad but also in all other constituencies in the State of Gujarat & elsewhere in the country." By holding that meeting, "Narendra Modi has violated the provisions of Sections 126 (1) (a) and 126 (l) (b) of R.P. Act 1951."  It was an open and shut case. (Read more details below). Modi's reaction to this was that an FIR would have made sense only if a knife had come into the picture. All he did was 'show everyone a lotus'. This was his way of mocking the EC. 

Indira Gandhi's election was set aside in 1975, but our leaders have come along way since then. I'm reasonably sure the EC complaint will never come before a court, or if it does, will be dismissed in a few minutes by our much-acclaimed independent judiciary. Mr Modi and his 'parivar' are confident they can intimidate anyone who criticises them.  Indians who respect the rule of law should prepare themselves for more illegal practices from Mr Modi. Given the plight of Gujarat police officers who stood up to him, the EC should not expect its complaaint to be acted upon. Maybe the case will drag on, and ultimately we shall be told 'there is no evidence'. DS

With BJP candidate Nupur Sharma alleging that she and her companions were manhandled by AAP volunteers, AAP spokesperson Atishi Marlena said they were willing to cooperate with the party, and those guilty should be punished. "If anyone has misbehaved, Nupur Sharma must file a complaint. We will also cooperate if she can give details of that person," she said. Sharma, meanwhile, has termed the AAP as an 'anti-women' party. The BJP has alleged that its candidate from New Delhi constituency, Nupur Sharma, was manhandled along with her colleagues by AAP volunteers. Sharma has confirmed the incident, which took place near Princes Park at India Gate. "The AAP volunteers wearing their party caps and T-shirts were trying to influence voters. While passing through the area, I spotted them and raised objection, saying they cannot canvass on the polling day. Irritated AAP supporters indulged in violence and manhandled me and my colleagues. We were rescued by personnel of the Tilak Marg police station," she told Firstpost adding that she had not lodged any police complaint so far.

Here is detailed information on the complaint filed by none other than the Election Commission on similar violation by our esteemed Prime Minister, sworn to uphold the Indian Constitution: DS

In its notice, the EC said "it was evident that the said address was in the nature of political speech intended & calculated to influence & affect the result of elections in the constituencies going to polls today, not only in Ahmadabad but also in all other constituencies in the State of Gujarat & elsewhere in the country." By holding that meeting, "Narendra Modi has violated the provisions of Sections 126 (1) (a) and 126 (l) (b) of R.P. Act 1951." "Therefore, the Commission directs... that complaint/ FIR as the case may be, should be filed against Narendra Modi and all others who were involved in the convening and holding of the said meeting...," the EC order said. It has asked the Gujarat Chief Secretary and DGP to send a compliance report by 6 PM today. It also said that all the TV channels & other electronic media which carried the proceedings of the meeting & displayed the election matter should also be proceeded against under Section 126 (l) (b) "by filing separate complaints/FlRs against those channels." The EC took the decision after going through the video recording of the address of the BJP's Prime Ministerial pick at a meeting in Gandhinagar after he cast his vote today.  
Read the entire notice->EC notice to Narendra Modi
http://www.firstpost.com/politics/full-text-what-ec-said-about-narendra-modis-poll-violation-1503229.html

Relevant section of the R.P. Act 1951: <click to read its contents
6[126. Prohibition of public meetings during period of forty—eight hours ending with hour fixed for conclusion of poll.— (1) No person shall— (a) convene, hold or attend, join or address any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or (c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the fixed for the conclusion of the poll for any election in the polling area. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (3) In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election.].

Narendra Modi intended to influence voters, says furious Election Commission
Moments after he voted, Narendra Modi, the BJP's prime ministerial candidate tweeted a selfie of his ink-stained finger and emerged from a voting booth in Ahmedabad, flashing a cut-out of his party's lotus symbol and addressed cheering crowds. "After analysing the election process and the voter's mind until now, I can say that this time nothing can save the mother-son government...a strong government will come to power," said Mr Modi, all dressed in white, promising the defeat of the incumbent Congress which is led by Sonia and Rahul Gandhi. Hours later, the powerful Election Commission ordered that a police complaint or FIR (First Information Report) be filed against Mr Modi, 63, for his actions which it said amounted to campaigning in a polling area, which is banned. "It is evident from Modi's tone and tenor that he made a political speech. He intended, calculated to influence voting today. Modi intended to affect the results of polling today across India," the Commission said. "It was not an organized press conference," said BJP spokesperson Meenakshi Lekhi today, referring to Mr Modi's speech this morning. "We respect the Election Commission but Mr Modi did not violate the code of conduct," she added. Congress spokesperson Shakeel Ahmed accused Mr Modi of being "a serial offender." His party had earlier objected to the release of the BJP manifesto on April 7, when voting in the nine-phase general election began. 89 parliamentary constituencies in seven states and two union territories voted today. Among them was Vadodara, which is one of the two constituencies that Mr Modi is running from. The other is Varanasi in Uttar Pradesh, which votes on the final day of the election on May 12.
http://www.ndtv.com/elections/article/election-2014/narendra-modi-intended-to-influence-voters-says-furious-election-commission-516348?pfrom=home-lateststories