The Delhi High Court on Monday dismissed a plea 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 for the upcoming Lok Sabha elections.
Dismissing the plea, Justice Sachin Datta remarked that the plea was thoroughly misconceived since it cannot direct the Election Commission of India (ECI) to act in a particular manner. The Court further noted the submission of the ECI that it will decide on the representation by the petitioner.
The court remarked that the present writ petition is thoroughly misconceived. It added that the petitioner presupposes that there has been a violation. It concluded that it is not permissible for the court to direct the ECI to take a particular view. Advocate Siddhant Kumar, appearing for ECI contended that the election body has been receiving such applications every day and that it would take action as per the law.
The plea lodged by Advocate Anand S Jondhale referred to a speech delivered by PM Narendra Modi in Pilibhit, Uttar Pradesh on April 9 where he not only sought votes in the name of Hindu and Sikh deities and their places of worship but also made comments against opposition political parties as favoring Muslims.
The advocate said that during the speech, PM Modi appealed to the voters to vote for BJP in the name of Hindu deities and Hindu place of worships as well as Sikh deities and Sikh place of worship.
The plea mentioned that the statement of PM Modi created hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote differences on grounds of religion, race, place of birth, residence, language, caste or community, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities.