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Soni Mishra
Soni Mishra

NEW DELHI

EC orders FIR against Kejriwal

PTI12_31_2016_000071b (File) Arvind Kejriwal | PTI

 

 

In a setback to Delhi Chief Minister Arvind Kejriwal, the Election Commission (EC) on Sunday directed the Chief Electoral Officer (CEO) of Goa to file an FIR against him for his statements in which he reportedly asked the voters of Goa to accept bribes from any political party but not to vote for them.

Finding Kejriwal in violation of the provisions of the Model Code of Conduct and thus in violation of the provisions of 123(1) of the Representation of People Act, 1951, read with Sections 171B, 171E of the Indian Penal Code, 1860, the commission directed the CEO of Goa to initiate necessary legal action against him.

It directed that a compliance report in this regard should be sent to EC latest by 3 pm on January 31.

The commission also sent a letter to Kejriwal in which it observed that the statement referred to it is definitely a case of abetment of offence of bribery in elections as defined in Section 171(B) and thus violative of the Model Code of Conduct.

“Under the said Section 171(B), acceptance of bribery by any person is also an offence and any exhortation to the voters to accept gratification, and even demand more, does amount to abetment and promotion of the said offence,” the Commission said in the letter.

The EC said the substance, tone and tenor of an interview given by Kejriwal to a news daily with respect to the issue are not only baseless and scurrilous, but also unethical and highly depreciative of the Election Commission of India, a Constitutional authority enjoined upon by the mandate to conduct free, fair and transparent elections.

“The EC is quite concerned about your conduct, public utterances and demeanour. Even after being reprimanded and directed not to incite the voters, you are still continuing with your statements that instigate voters to take money from other parties,” it said to Kejriwal.

The EC further said that Kejriwal's statement also casts aspersion on the integrity of the voters, that they were gullible and corrupt. “Your statement is based totally on fallacious logic and presumption. lf you wish to promote ethical voting, you should encourage the voters not to indulge in any corrupt practice and not to take money or inducement in any form from any political party or anyone else. On the other hand, your statement is definitely an indirect instigation and abetment of bribery to the voters,” it said.

It directed Kejriwal not to indulge in making any further statement which directly or indirectly instigates the voters to take money or inducement in any form by any party or any person or indulge in any form of electoral offence or corrupt practices. The commission said it will take further action against him in case if he continues to make similar statements in future.

The commission had earlier censured Kejriwal for his statement in which he reportedly asked voters in Goa to accept bribes from political parties, but not to vote for them, and sent him a notice in connection with it.

Kejriwal had then written a letter to the commission, stating that he was not abetting bribery by appealing to voters to accept money from any party, but to vote in favour of the AAP. He said he was in fact discouraging bribing of voters and that the EC should make him a brand ambassador against the corrupt practice. He had also said that the commission was encouraging bribery by restraining him from making such statements.

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