BJP urges Election Commission to withdraw orders against Modi

The opposition Bharatiya Janata Party (BJP) has urged the Election Commission of India (ECI) to review and withdraw its orders of April 30 directing the authorities in Gujarat to file first information reports (FIRs) against its prime ministerial candidate Narendra Modi for alleged violations of Section 126 of the Representation of People (RP) Act.

“Pending review and possible withdrawal of the orders, the commission may kindly direct the chief secretary and director-general of police (DGP) of the Gujarat government to hold the earlier instructions in abeyance till further orders,” it said in a letter to Chief Election Commissioner V S Sampath on Friday.

The BJP said the commission’s orders amounted to using a “sledge hammer to crack a nut” and also that it appeared to be overreaching because residuary jurisdiction permitted to it by Article 324 of the Constitution could not impact areas already occupied by law.

The BJP also urged the commission to enunciate clear instructions and guidelines for the future in regard to press meetings, interactions and sound bytes such that this does not continue to be a grey area.

The commission had directed the authorities in Gujarat to file complaints against Modi and all others involved in the convening and holding of an impromptu Press conference by him in the Gandhinagar constituency after casting his vote in the ongoing Lok Sabha elections in the morning of April 30.

In a letter to the chief-secretary and the DGP of Gujarat, the commission said it was of the view that, by holding the meeting and addressing it when polling was going on in the entire state of Gujarat and in different parts of the country, Modi had violated the provisions of Sections 126 (1) (a) and 126 (l) (b) of the Representation of the People (RP) Act, 1951.

In its letter, the BJP said the commission had not issued any clear instructions or guidelines specifically prohibiting a conference, meeting or interaction with the Press during the period specified in Section 126.

“In the circumstances, we strongly feel that it is preposterous on the part of the commission to use a sledge hammer to crack a nut, especially in the absence of the clear cut law on the subject.”

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• India