The Delhi High Court on Monday dismissed a petition seeking the disqualification of Prime Minister Narendra Modi from contesting elections for six years for allegedly seeking votes “in the name of god and place of worship”.
The petition was filed by advocate Anand S. Jondhale, days after he complained to the Election Commission of India (ECI) against the PM for an election speech in Uttar Pradesh’s Pilibhit on April 9.
The petitioner alleged that Mr. Modi during his speech asked people to vote for his party in the name of Hindu and Sikh deities, and places of worship.
The petitioner further claimed that the Prime Minister also made comments “against opposite political parties as favouring Muslims”.
“Thus, the Respondent No.2 [PM] has violated the Model Code of Conduct, which states that no party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes or communities, religious or linguistic,” the plea said.
However, Justice Sachin Datta termed the petition filed by advocate Anand S. Jondhale “thoroughly misconceived” as the issue is pending before the Election Commission of India (ECI) for disposal.
“Once the petitioner has submitted his complaint on April 10 at the ECI, there is no occasion for the petitioner to approach the court prior to the disposal of his complaint by the ECI,” the court said.
The court said, “The petitioner presupposes that there has been a violation of the Model Code of Conduct. This presupposition is completely unjustified.”
“It is also not permissible for the court to direct the ECI to take a particular view on the petitioner’s complaint or any other complaint for that matter. The ECI is obliged to take an independent view on the petitioner’s complaint,” the judge added.
During the brief hearing, the ECI’s counsel submitted that the complaint made by Mr. Jondhale will be duly processed and appropriate orders will be passed.
