03/05/2019 BJP/ECC/2019/
The Chief Election Commissioner of India& His Companion
Election Commissioners,
Election Commission of India,
NirvachanSadan, Ashoka Road,
New Delhi - 110001
Sub: REPRESENTATION AGAINST SYSTEMATIC MISINFORMATION CAMPAIGN RUN BY AAM AADMI PARTY (AAP), SH. ARVIND KEJRIWALAND LOKSABHA CANDIDATES OF AAM AADMI PARTY IN DELHI AGAINST CANDIDATES OF BHARTIYA JANATA PARTY AND INSTANCES OF “PAID NEWS” IN COMPLETE VIOLATION OF MODEL CODE OF CONDUCT AND PROVISIONS OF REPRESENTATION OF PEOPLE ACT
Sir,
This is to bring to your kind notice the systematic misinformation campaign run by AamAadmi Party, Shri ArvindKejriwal and the Loksabha candidates from AamAadmi Party. Kindly note that in complete violation of Model Code of Conduct and the provisions of Representation of Peoples Act, the AamAadmi Party led by Shri ArvindKejriwal is posting fake and false material on social media that the candidates of BhartiyaJanata Party shall be disqualified or their nomination shall be cancelled and the voters should not “waste” their votes by voting for BJP candidates. It is submitted that in reality, to the best of knowledge of undersigned, no proceedings for cancellation or disqualification of BJP candidates are pending before any court of law.
It is further submitted that such social media posts by AamAadmi Party and its leaders are readily picked up by the media and stories are published in the newspapers on the basis of such social media posts. The BJP has a strong reason to believe that AamAadmi Party is indulging in “Paid News” and Election Commission is requested to immediately look into these newspaper and media stories.
Also note that there are chain of events which makeit clear that this has been done in a systematic manner to prejudice the prospects of BJP candidates in this election. The modus operandi adopted by the AamAadmi Party candidates is very simple; first the AAP candidate tweets that the candidate of BJP is going to be disqualified or his/her nomination will be cancelled and the people should not vote for him/her. The tweet is then retweeted by the AAP chief Shri ArvindKejriwal with a supporting comment.
Following is the table showing how this misinformation campaign is being run by AamAadmi Party, its Loksabha candidates and its leaders
|
Date |
Tweet by |
Retweeted By |
Remarks |
|
26.04.2019 |
Atishi Marlena @ 2.12 pm “My appeal to the citizens of East Delhi LokSabha - pls don’t waste your vote by voting for @GautamGambhir; he is going to get disqualified sooner or later for having two Voter ID cards! अपना वोट व्यर्थ ना करें! #GambhirApradh”
|
ArvindKejriwal @ 3.43 pm “पूर्वी दिल्ली के सभी वोटर से मेरी अपील है कि गौतम गंभीर को वोट देकर अपना वोट व्यर्थ ना करें।“ Quoting tweet of Atishi Marlena |
False propaganda as there is no possibility of disqualification of GautamGambhir. |
|
27.04.019 |
Tweet by Journalist @jeelanikash @ 5:38 PM
.@raghav_chadha, the @AamAadmiParty candidate from South Delhi seat files a writ in High Court seeking disqualification of @rameshbidhuri for "concealment of a criminal case in the affidavit.
Bidhuri is a @BJP4India candidate and MP from South Delhi.
#LokSabhaElections2019 |
ArvindKejriwal @ 5.40 pm “Charges against Ramesh Bidhuri are very serious. He is sure to be disqualified. South Delhi votersshud not waste their vote on him.” Quoting tweet of @jeelanikash |
False Propaganda as the matter is sub-judiced before the Trial Court, which completely false, baseless in order to settle political scores. AAP leaders using “he is sure to be disqualified” is contempt of court. How can anyone be so sure about the court’s decision. |
|
27.04.2019 |
Tweet By Raghav Chadha @ 5.25 pm “Have moved Delhi High Court today seeking disqualification of @rameshbidhuri as a candidate. He has concealed FIR pending against him. Concealment of a criminal case is serious offence & am sure his nomination will be rejected as soon as Court looks into the matter. |
Retweeted by ArvindKejriwal |
False Propaganda. In reality, No such petition has come up before Hon’ble Delhi High Court for hearing till date. |
|
27.04.2019 |
Tweet By Raghav Chadha @ 5.25 pm
Only a matter of 30 days I'd say till High Court cancels his candidature. Urge the people of South Delhi LokSabha to not waste their vote on a candidate who will be disqualified anyways. He has lied to the people, to EC, but will soon answer to the law. |
|
False Propaganda. In reality, No such petition has come up before Hon’ble Delhi High Court for hearing till date. |
|
2.5.2019 |
Tweet by Delhi Govt Minister Rajendra Pal Gautam. @ 3.56 pm
“2014 की मीडिया खबरों के अनुसार @hansrajhansHRHने इस्लाम कबूल किया था और अब नॉर्थ वेस्ट दिल्ली लोकसभा से भाजपा के टिकट पर चुनाव लड़ रहे है। यह संसदीय सीट अनुसूचित जाति के लिए सुरक्षित है और केवल एससी ही इस सीट पर चुनाव लड़ सकता है।“ |
Retweeted by ArvindKejriwal @ 4.40 pm “Hans Raj Hans is ineligible to fight from a reserved seat. He will finally be declared ineligible. Voters from North West Delhi shud not waste their votes on him.” Quoting tweet of Rajendra Pal Gautam |
False Propaganda. Documents to certify that Sh. Hans Raj Hans is a SC (Valmiki) have been duly submitted to the Returning Officer at the time of filing the nomination. There were some reports in 2014 regarding this in Pakistani and Indian Media with a question mark. Those reports were refuted by Mr. Hans Raj Hans and his son way back in 2014 only |
|
2.5.2019 |
Tweet by AnkitLal, Social Media Dept. (AAP) @ 5.28 pm
.@bjp4india has given ticket to Muslim from a SC reserve seat.
It is making fool of both the communities as the candidate’s nomination will be rejected once challenged in court. |
Retweeted by Manish Sisodia @ 5.31 pm दलितों के लिए आरक्षित सीट से मुस्लिम उम्मीदवार??! मोदी जी क्या हो गया आपको? बौखलाहट है या संविधान का मज़ाक़ बनाने के लिए आप ऐसा कर रहे हैं? Quoting tweet of Rajendra Pal Gautam |
False Propaganda This is Contempt of Court. How can Mr. AnkitLal write that Candidate’s nomination will be rejected when the settled law is that once the nomination is accepted by RO, no court will interfere till the election process is over. |
|
2.5.2019 |
Tweet by Gugan Singh, AAP Candidate @ 4.58 pm Quoting tweet of Rajendra Pal Gautam क्या बीजेपी के पास नॉर्थ वेस्ट में एक भी उम्मीदवार नही था जो एक दलित समाज से बाहर का आदमी जो पंजाब/कनाडा रहता है, उसे ले आयी। |
|
False Propaganda |
|
3.05.2019 |
Tweet by Official twitter handle of AAP @ 11.02 am
Bidhuri has admitted that there is indeed an FIR filed against him in Bihar. “This confession will definitely prove to be the basis of cancellation of his nomination... Committing such an offence is punishable by up to one year in prison” - @raghav_chadha |
|
False Propaganda No proceedings for cancellation of candidature of Mr. Ramesh Bidhuri are pending anywhere.
|
Screenshots of all the above tweets have been annexed herewith and are marked as ANNEXURE A.
Copies of the news paper stories are annexed herewith and are marked as ANNEXURE B
From the analysis of above tweets by leaders, candidates and other functionaries of AamAadmi Party, it is clear that they are running a systematic misinformation campaign against the candidates of BhartiyaJanata Party in Delhi. The leaders and candidates of AamAadmi Party are trying to create a false impression that the candidature of BJP candidates will either be cancelled or they will surely be disqualified. However, in reality, to be best of the knowledge of undersigned, no proceedings for either cancellation of the candidature or disqualification of BJP candidates, is pending before any court of law. They have not only misused the name of the Judiciary to mislead the voters but they have also violated various provisions of Representation of People Act and Model Code of Conduct.
It is further submitted that the comments of leaders of AamAadmi Party have been made without any basis in law or facts, with total malafide intention to spread falsehood. The fraudulent attempts to string together a web of lies, by resorting to shamelessly indulging in repetition of his hallucinated world of fiction, whole lies, where facts are imagined to suit their narrative is in gross contempt of the sanctity and purity of the Model Code of Conduct and in violation of The Representation of The People Act 1951 (in short ‘Act 1951’). This just vitiates the atmosphere to have free and fair peaceful elections.
The conduct of AAP leaders is a corrupt practice under the electoral laws and violates the following provisions of Act 1951:
“Section123 - Corrupt practices
The following shall be deemed to be corrupt practices for the purposes of this Act:--
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidates or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:
Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.
(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(4) The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal,[***] of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.”
The statements of AAP leaders are in violation of the Model Code of Conduct (The Manual of Model Code of Conduct (March 2019) for the Guidance of Political Parties and Candidates @pg161 states):
(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
That such false comment has been deliberately made by leaders of AAP to electorally affect the prospects of candidate of BJP. The leaders of AAP have habit of remaining in public limelight by indulging in sensational claims sans any proof or truth.
That such repeated acts of spreading unchecked falsehood by AAP leaders have distorted the level playing field, which is a sine qua non for a free and fair election.
It is therefore respectfully prayed that
- Election Commission may immediately take cognizance of the corrupt practices of AamAadmi Party and its leaders and take appropriate action under law
- ban AamAadmi Partycandidates and its leaders from indulging in false propaganda and misinformation campaign against BJP candidates
- Election Commission may immediately launch probe to investigate instances of Paid News by AamAadmi Party, its candidates and its leaders
Yours Faithfully
Neeraj
Member, Election Commission Committee
Enclosed :
ANNEXURE A (Screenshots of the tweets by AamAadmi Party, its leaders and Loksabha Candidates)
ANNEXURE B (Newspaper stories on false claims by AAP and its leaders)
ANNEXURE A
Date: 04.05.2019 BJP/ECC/2019/89
The Chief Election Commissioner & Election Commissioners,
The Election Commission of India
Nirvachan Sadan, New Delhi- 110001
Sub.: Complaint against Mr. Javed Akhtar for committing violation of Model Code of Conduct and making defamatory statement against Sadhvi Pragya.
Sir,
- This is to bring to your notice that the lyricist-screenwriter and Ex-Member, Rajya Sabha Mr. Javed Akhtar on 02.05.2019, while addressing a press conference in Bhopal, has made derisive, disparaging and defamatory statements against our Party candidate Sadhvi Pragya, for which apposite and stern action should be taken against him. He said that just because a person dresses like a saint doesn't necessarily mean the person is a saint. He is quoted to have said:
"Don't go by her appearance. Just because a person looks like a saint doesn't mean the person is a saint. Don't forget that when Ravana came to abduct Sita, he too was dressed like a saint." [Emphasis added]
A true copy of the news article is annexed herewith and marked as Annexure-1.
- That though Mr. Javed Akhtar is not contesting himself, he is very much involved in active politics. He is canvassing for Sh. Digvijay Singh and Sh. Kanhaiya Kumar and he deliberately made these statements to cause wrongful loss to our Party candidate Sadhvi Pragya in the upcoming Lok Sabha elections.
- That Mr. Javed Akhtar has commented upon her identity of being ‘sanyasi’. The statement highlights his intentions beneath. He wants to convey to the public that Sadhvi Pragya is a Raavan –the mythological character/devil represents evils in the Ramayana, in the camouflage of a Sadhvi and she will turn out to be a devil in the society and ultimately will prove to be a malevolence.
- That in the past also, Mr. Javed Akhtar has made statements where he has tried to damage the image of BJP and its political candidates. His statement is in gross violation of a provision of the Model Code of Conduct [@pg 161 of Manual of Model Code of Conduct, March 2019, Document 21, Edition 1] which reads as under:
(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
- That this is not the first time, he is making such remarks. In the burqa ban issue, he said,
“If you want to bring a law banning burqa here (in India) and if it is someone’s view I have no objection. But before the last phase of election in Rajasthan, this government should announce a ban on the practice of ‘ghunghat’ (covering of the face by Hindu women) in that State.”
“I feel that ‘ghunghat’ should go and the burqa should go. I will be happy,”
A true copy of the news article is annexed herewith and marked as Annexure-2.
The ban on burqa was in the light of national security concerns which came in the wake of a news article urging the government to emulate Sri Lanka in banning the burqa on grounds of national security. However, he changed the debate and discourse by giving it a communal colour. He made an endeavour to aggravate the existing differences or create mutual hatred or cause tension between different religious communities.
- That in a democracy, there should be healthy debate and criticism should be based on issues. No personal allegations should be made as it pollutes the electoral environ. Such statements should be avoided, as they may provoke public sentiments. In the past, there are instances where the Hon’ble Election Commission has barred individuals from campaigning for "Ali-Bajrang Bali" and green virus remarks.
Therefore, it is requested that, this Hon'ble Commission may kindly take suitable legal action against Mr. Javed Akhtar, and impose a ban on him from giving such hate speeches in public, during this crucial phase of elections.
With regards,
(NEERAJ)
Member, Election Commission Committee
May 3rd 2019 BJP/ECC/2019/87
The Chief Election Commissioner of India and Election Commissioners
Election Commission of India,
Nirvachan Sadan, Ashoka Road
New Delhi - 110001
Subject: The Indian National Congress (INC)’s continues with its illegal distribution of “Nyay Scheme” enrolment forms during poll period thereby repeating its violations of the Model Code of Conduct, Representation of People Act, 1951 and Indian Penal Code, 1860
Re: In Continuation of our representation numbered BJP/ECC/2019/67 dated 27.4.19
Sir,
We brought to your notice on 27.4.19 that the Indian National Congress was illegally indulging in the distribution of “Nyay” Scheme enrolment pamphlets/forms in Rajasthan during the poll period.
Now we have learnt that these enrolment pamphlets/forms are also being distributed by the Indian National Congress in Madhya Pradesh, namely in District(s) Khandwa, Bahranpur, Khargone. These enrolment forms read as follows: "बैंक खाते में 6000 /- हर महीने जमा कराने हेतु मांग पत्र , गरीबी पर वार 72000 /- सालाना हर परिवार के खाते में। " A copy of the said enrolment pamphlets / forms is annexed hereto and marked as Annexure 1.
The filling up of applicant’s details on these forms is an unequivocal attempt by the Indian National Congress to bribe voters and is in blatant violation of the Model Code of Conduct read with Section 123 of the Representation of The People Act 1951 and Sections 171B/171E of the Indian Penal Code, 1860.
The illegal distribution of such pamphlets / forms must be stopped immediately. The Indian National Congress sensing its imminent loss in the General elections is resorting to desperate efforts to save face. Despite our representation on 27.1.19 numbered BJP/ECC/2019/67 no action has been taken by the Election Commission on the same till now.
In the past, the Election Commission has taken strict action against similar attempts to influence / bribe the voters by Sh. Arvind Kejriwal, Hon’ble Chief Minister of Delhi in 2017 while campaigning for the Assembly elections in Goa. Sh. Kejriwal therein had asked voters to accept money from other political parties, but vote for the Aam Aadmi Party. To this, the Election Commission had issued a notice and even directed registration of a First Information Report. A copy of the media report dated 16.1.2017 as available online at https://www.hindustantimes.com/india-news/ec-notice-to-kejriwal-for-bribery-remark-at-goa-rally/story-kJx4TnORz8gaytizyzd0AM.html, and media report dated 29.1.2017 as available online at https://www.deccanherald.com/national/ec-orders-fir-against-arvind-kejriwal-for-bribe-remarks-571769.html is annexed hereto and marked as Annexure 2.
We request the Election Commission to direct immediate measures to stop further circulation of these illegal actions and take strict action against the Indian National Congress and its National President Sh. Rahul Gandhi for its utter disregard to the electoral code of conduct and laws of the land.
The Election Commission must also issue a clarification to the public stating that such distribution of enrolment forms / pamphlets is a violation of the Model Code of Conduct and those indulging in the same shall be prosecuted in accordance with the penal provisions of law. This would keep the voter informed and prevent a voter from being misled and being falsely influenced.
Yours Sincerely
Neeraj
Enclosure:
- Photograph of the impugned “Nyay” Scheme enrolment pamphlet / form being distributed in Madhya Pradesh
- Copy of the media report(s) dated 16.1.2017 and 29.1.2017 on the Election Commission’s action against Sh. Arvind Kejriwal on charges of bribery.
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