Memorandums submitted to CEC on Congress for violating the Model Code

20-11-2013
Press Release

To

The Election Commission of India
Nirvachan Sadan
New Delhi

Subject: Complaint against the Indian National Congress for violating the Model Code of Conduct by publishing objectionable advertisements, with a prayer for taking appropriate action against and withdrawal of the recognition of Indian National Congress as a National Party immediately.

Respectfully showeth:

  1. That the elections to the states of Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Delhi are currently being held. The Election Schedule for the same was announced by the Election Commission on 4-10-2013. Since then, the Model Code of Conduct came into effect.
  2. That the Madhya Pradesh unit of the Indian National Congress issued an advertisement with the title ’भाजपा हास्य सम्मेलन’ This advertisement was published on 18-11-2013 in various newspapers, including Dainik Bhaskar, Nai Dunia, Nav Dunia, People's Samachar, etc. In this advertisement, a silhouetted photograph of Sh. Narendra Modi, Chief Minister of Gujrat and Prime Ministerial Candidate of the BJP has been printed and the phrases ’फेंकू ’गुजरात के फेंकू’ and 'Prof. Feku' have been used to indicate towards him. A cartoon image with a nametag of 'Prof. Feku' has also been printed. Similarly, a silhouetted photograph of Sh. Shivraj Singh Chauhan, Chief Minister of Madhya Pradesh has been printed and the phrase *?kks’k.kk ohj ekek* has been used to indicate towards him. The phrase ’भाजपा हास्य सम्मेलन’ has been used to point towards the rallies being held by the BJP all over the state. The ex-servicemen, teachers and trader communities have been described as ’ग्राहक’ by the Congress.
  3. That, similarly, Congress issued another advertisement with the title ’इतिहास का नहीं इन्हें ज्ञान’This advertisement was published on 18-11-2013 in various newspapers, including Dainik Bhaskar, Nai Dunia, Nav Dunia, People's Samachar, etc. In this advertisement, a silhouetted photograph of Sh. Shivraj Singh Chauhan, Chief Minister of Madhya Pradesh has been printed alongwith a picture of cash counting machine containing notes of Rs. 1000/-. The phrase ’घोषणावीर’ has been used to indicate towards Sh. Chauhan.
  4. That, again on 19-11-2013, the Congress got 2 advertisements titled as ’हम क्या करें’ and ’सवाल’ published in the various newspapers, where the silhouetted photograph of Sh. Shivraj Singh Chauhan has been printed alongwith a picture of cash counting machine containing notes of Rs. 1000/- and the phrase 'Mama' has been used to indicate towards Sh. Chauhan. Similar advertisements were published on 13th, 15th and 16th November as well, where such depictions have been made and false, baseless and unfounded personal allegations on Sh. Chauhan and his family members have been made.
  5. That Paragraphs 1 (1) & (2) of the Model Code of Conduct are as follows:

"1. General Conduct

  1. No party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religions or linguistic.
  2. Criticism of other political parties, when made, shall be confined to their policies and programmes, past record and work. Parties and candidates shall refrain from criticism of all aspect of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their worker based on unverified allegations or distortion shall be avoided."

6. That the tone & tenor of all these advertisements is highly objectionable. By way of the above objectional advertisements, the Congress has made false, baseless & totally unfounded personal attacks on senior leaders of the BJP. It has also tried to mock the BJP, its leaders as well as the democratic process of rallies and interactions with the voters. The description of 'customer' given by Congress to the communities of ex-servicemen, teachers and traders is highly objectionable. The use of the phrases mentioned above to describe BJP leaders, who hold constitutional posts, as well as use of their pictures and caricatures in a degrading manner is highly deplorable, condemnable and does not befit a party enjoying the status of a national party in the biggest democracy of the world. The publication of silhouetted photograph of a BJP leader alongwith a cash counting machine with 1000 rupee notes amounts to a direct personal attack and character assassination of the individual. The actions of the Congress are not only illegal and violative of Model Code of Conduct & instructions of the Election Commission but also against the established norms of behaviour in democracy & public life.

It seems from these advertisements that they are part of a series of advertisements, rest of which will be released by the Congress in the coming days. It also seems that the objectionable content of these advertisements is likely to be used again by the Congress in its future advertisements.

7. That Paragraph 16A of the Election Symbols (Reservation and Allotment Order), 1968 is as follows:

"16A. Power of Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow lawful directions and instructions of the Commission.— Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognised either as a National Party or as a State Party under the provisions of this order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct or otherwise (a) to observe the provisions of the Model Code of Conduct for Guidance of Political parties and "Candidates" as issued by the Commission in January, 1991 or as amended by it from time to time, or (b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furthering the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking into account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it, either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be, the State party."

8. That during the elections to the Punjab Vidhan Sabha held in January 2012, similar activities of the Congress Party were deprecated by the Election Commission and the Congress was directed to remove the phrases 'Kaka' and 'Peo Puttar' from all its media campaigns, which were being used by the Congress to indicate towards senior leaders of the Shiromani Akali Dal. Inspite of this, the Congress has once again resorted to the same sort of advertisements during the current elections.

9. That, as also brought to the notice of the Commission earlier, senior leaders of the Congress have repeatedly violated various provisions of the Model Code of Conduct during elections and the instances of such violations are not only increasing but are also getting more serious in nature. The violations in question come within a week of the Commission's orders cautioning Sh. Rahul Gandhi, MP & Vice President of the Congress and Sh. Porika Balram Naik, Congress Minister at the Centre for violation of the Model Code of Conduct. A few recent instances are mentioned here:

a. On 9-1-2012, Sh. Salman Khurshid, Congress Leader & then Law Minister violated the Model Code of Conduct during the Uttar Pradesh elections, for which he was censured by the Election Commission vide its order dated 9-2-201.

b. On 15-2-2012, during the same elections, Sh. Beni Prasad Verma, Congress leader & Union Steel Minister violated the Model Code of Conduct by making as appeal on communal lines in his speech at Kayamganj. Upon notice by the Election Commission, he tendered his apology and the proceedings were dropped by the Election Commission hoping that he shall be careful in future.

c. In Feb-March, 2012, Sh. Rajarapu Prathap, Congress Candidate, along with Congress MPs Sh. Siricilla Rajaiah and Sh. Balaram Naik, made an appeal on the basis of religion during the Andhra Pradesh elections, for which he was reprimanded by the Election Commission vide its order dated 15-3-2012.

d. On 21-10-2012, Sh. Kadir Pirzada, Member Core Committee, Gujrat Unit of Indian National Congress made inflammatory speech inciting communal hatred during the Gujrat Elections, for which he was cautioned by the Election Commission vide its order dated 6-11-2012.

e. On 31-10-2012, during the same elections, Sh. Shankarsinh Vaghela, Congress Leader & Union Minister made inflammatory utterances inciting communal hatred, for which he was cautioned by the Election Commission vide its order dated 23-11-2012.

f. On 23-10-2013 & 24-10-2013, during the current elections, Sh. Rahul Gandhi made certain false and baseless allegations against the BJP and communal utterances, inciting the communal feelings between different communities, for which the Commission conveyed its displeasure and asked him to be more circumspect in his public speeches vide its order dated 13-11-2013.

g. On 16-10-2013, during the current elections, Sh. Porika Balram Naik, Congress MP & Minister of State announced a financial grant in Bhopal in utter violation of the Model Code of Conduct, for which he was cautioned by the Election Commission vide its order dated 15-11-2013.

10. That the Congress and its leaders are openly flouting the Model Code of Conduct with impunity time and again, inspite of warnings by the Election Commission of India. The present violations are a clear indication of the growing trend amongst Congress functionaries of brazen & habitual violations of the Code intentionally & deliberately as well as their intention to malign the image of the opposition parties and its leaders by adopting any tactic possible, how-so-ever illegal, objectionable or ghastly it may be.

11. That the BJP expresses its strong objections to these most deplorable actions of the Congress party and appeals to the Election Commission to immediately direct the Congress to withdraw and withhold all such & similar advertisements containing objectionable content from any further publication with immediate effect.

It is, therefore, respectfully prayed that appropriate action may kindly be taken against the Indian National Congress for violating the Model Code of Conduct and the recognition of Indian National Congress as a National Party may kindly be withdrawn immediately.

Thanking you,

&

With Regards,

Yours Sincerely,

(Mukhtar Abbas Naqvi) (Dharmendra Pradhan) (Prakash Javedekar)
(Satya Pal Jain) (R. Ramakrishna) (Smt. Meenakshi Lekhi)
(Smt. Pinki Anand)    

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