The decision of EC is completely discriminatory and does not take into account the conduct of the ruling party, including the Prime Minister, BJP President, Finance Minister, Union Cabinet Ministers and other BJP leaders. Code of conduct cannot be implemented only qua one political party, said the Congress party.
Caravan News
NEW DELHI — The Congress party on Wednesday strongly criticized the Election Commission of India for taking action over broadcast of interviews of Rahul Gandhi in Gujarat but ignoring similar election events of leaders of the ruling BJP including Prime Minister Narendra Modi and party president Amit Shah.
Some TV channels displayed the interviews of Rahul Gandhi on Wednesday, just a day before the second phase of polling in Gujarat. The Election Commission of India took notice of it and ordered registration of FIR against the TV channels. The EC also sent a separate notice to Rahul Gandhi for giving that interview and its display on TV channels within the prohibited hours and sought his response by December 18.
“Election Commission today received Reports & Complaints to the effect that some of TV channels in Gujarat have displayed interview given by Sh. Rahul Gandhi of Indian National Congress, in which Sh. Rahul Gandhi has been talking about election to Legislative Assembly of Gujarat, which are currently in progress and for which 2nd phase of polls is scheduled to be taken tomorrow i.e. 14th December, 2017. Such display falls within the definition of “election matter” under Section 126 (3) of Representation of the People Act, 1951 and display of such election matter within 48 hours ending with hour fixed for conclusion of poll in the poll going areas, amounts to violation of Section 126 (1)(b) of Representation of the People Act, 1951,” said the EC in its order on Wednesday evening and ordered registration of FIR.
“The Commission after due deliberations has, therefore, directed the Chief Electoral Officer of Gujarat to initiate necessary action by filing FIR against those who have violated the above mentioned provisions,” instructed the EC and asked TV channels to stop broadcast of Rahul’s interviews.
The EC action made the Congress “deeply shocked and anguished” and a delegation of the party registered its protest with the election body on Wednesday evening.
“This decision of Hon’ble EC is beyond the Code of Conduct, established practices in the past as also Article 324 of Constitution of India, whereby your power of superintendence and control over elections is exercises. This decision goes against the fundamental rights of speech and expression of the media as also opposition,” said the Congress in its complaint to EC.
While citing some recent and previous election events of BJP leaders whereupon no action was taken by the Election Commission, the Congress said that today’s decision of EC is “completely discriminatory and does not take into account the conduct of the ruling party, including the Prime Minister, BJP President, Finance Minister, Union Cabinet Ministers and other BJP leaders. Code of conduct cannot be implemented only qua one political party.”
The party listed some latest and previous election events of BJP leaders where no action was taken by the EC:
- First phase of polling in Gujarat took place on 9th December, 2017. Election campaign period ended at 5 PM on 7thDec. 2017. Despite this, Shri Arun Jaitley, Finance Minister accompanied by BJP President, Shri Jeetu Baghani (who is also an Assembly candidate) and other leaders held a press conference in Ahmedabad in the afternoon of 8th December, 2017. Not only this, they proceeded to release the election manifesto of the BJP. EC took no action.
- On the day of polling i.e. 9th December, 2017, Shri Narendra Modi proceeded to hold four public meetings in Gujarat i.e. in Lunawada, Bodeli, Anand and Mehsana. All his four public meetings were televised live by the same channels as voting was taking place on 9th December, 2017. EC took no action.
- Shri Amit Shah, BJP President gave extensive TV interviews at Ahmedabad Airport today (Dec 13, 2017), which were televised by the same channels. He also issued a statement criticizing former Prime Minister Dr. Manmohan Singh. Even this statement was also televised by the same news channels. EC has taken no action.
- Shri Piyush Goel, Union Cabinet Minister held two press conferences today on Gujarat, which were televised by the same news channels. EC took no action.
- Even advertisements have been issued in today’s newspapers seeking votes and in all certainty will be again printed tomorrow. If advertisements can be printed, how is giving an interview and election offence or violation of Code of Conduct?
- In the run-up to the 2014 Lok Sabha elections, Shri Narendra Modi gave TV interviews a day before polling in more than one phase. No notice was issued to him or the BJP.
- In the 2014 General Elections, Shri Narendra Modi entered the polling booth to cast his vote and openly showed the BJP symbol. No action was taken by Election Commission.
The Congress party alleged that EC’s action over Rahul’s interviews is not fair. “Election Commission is duty bound to be fair and impartial. We have to regrettably state that aforesaid apparent discrimination and an apparent advantage being given to the ruling party militates against this notion,” it said and demanded immediate withdrawal of FIR against TV channels or order action in the cases of BJP leaders also.
“Immediately withdraw the order, if any, directly registration of an FIR against news channels for telecasting the interview of Congress President,” the Congress demanded.
“In case the yardsticks of violation of Model Code of Conduct is to be applied as is being done by the EC, order registration of FIR against Prime Minister Narendra Modi, BJP President Shri Amit Shah, Finance Minister Arun Jaitley, Union Minister Shri Piyush Goel, BJP state president Shri Jeetu Baghani and other BJP leaders for flouting the Code of Conduct,” the party demanded.
