9 May 2024: A writ petition has been filed before the Supreme Court of India, urging the disqualification of Prime Minister Narendra Modi from elections under the Representation of People Act. The plea, brought forward by Fatima, also calls for immediate action by the Election Commission of India (ECI) in accordance with the Model Code of Conduct.
Allegations stem from PM Modi’s speech during an election campaign rally in Banswara, Rajasthan, on April 21, 2024. In this address, PM Modi purportedly made statements that have been deemed divisive by the petitioner. Similar sentiments were allegedly expressed by PM Modi during a speech in Pilibhit, Uttar Pradesh, on April 9, 2024.
The petition contends that PM Modi’s speeches violated the Model Code of Conduct, specifically rules pertaining to the exacerbation of existing differences between communities and the prohibition of appeals to caste or community sentiments for electoral gain. Furthermore, it is argued that the use of religious places for political purposes is strictly prohibited.
Despite complaints being lodged with the ECI over the past 30 days, the petitioner asserts that no effective action has been taken against PM Modi. The plea seeks not only the disqualification of PM Modi under relevant electoral laws but also emphasizes the necessity for the ECI to enforce the Model Code of Conduct rigorously.
The Delhi High Court had recently dismissed a similar plea, highlighting the court’s inability to direct the ECI to adopt a specific stance. However, it acknowledged the Election Commission’s commitment to examining the matter in accordance with the petitioner’s representation.
Advocate Anand S Jondhale, representing the petitioner, argued that PM Modi’s statements constituted offenses under relevant sections of the Indian Penal Code and warranted disqualification under electoral laws.
The case, titled Fatima vs. ECI and Anr, underscores the legal intricacies surrounding allegations of electoral misconduct and the role of the judiciary in upholding the integrity of electoral processes. As the petition unfolds before the Supreme Court, it brings into focus the delicate balance between freedom of speech and the responsibility of political leaders to foster unity and harmony in society.
