EC 'inaction' against Modi, Shah: SC to hear Congress MP's plea tomorrow

The petitioner claimed the Congress had made “more than 40 representations” to the EC

Rep Supreme Court Sanjay Ahlawat [File] The Supreme Court of India | Sanjay Ahlawat

The Supreme Court has listed for hearing on Tuesday a petition filed by a Congress MP alleging inaction by the Election Commission on complaints against Prime Minister Narendra Modi and BJP chief Amit Shah over violations of the model code of conduct.

The petition was filed on Monday by Congress MP Sushmita Dev who claimed Modi and Shah had repeatedly used the armed forces for “political propaganda” and they were indulging in hate speeches and “frequent and habitual” violations of the model code of conduct. Dev alleged Modi had blatantly violated the model code of conduct by holding a “rally” in Gujarat on the day of voting in the state on April 23.

Senior advocate and Congress spokesman Abhishek Manu Singhvi represented the petitioner in the Supreme Court. The petition alleges the Election Commission had not acted against Modi and Shah despite multiple complaints alleging violations of the Representation of People's Act, 1951, and Conduct of Election Rules, 1961. The petitioner claimed the Congress had made “more than 40 representations” to the Election Commission on complaints against Modi and Shah and noted there has been a delay of over three weeks in responding to these complaints.

The petition alleged the inaction by the Election Commission was a violation of Articles 14 and 21 of the Constitution and was impeding “free and fair” conduct of the Lok Sabha polls.

The Congress MP's petition also drew a contrast between the Election Commission's actions to penalise several other leaders for violations of the model code of conduct and inaction against Shah and Modi. The petition calls on the Supreme Court to issue directives to the Election Commission to act against Modi and Shah.