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Need to initiate exemplary action against Mr. Narendra Modi – PM candidate of BJP for the violation of Model Code of Conduct of Election Commission of India

by Rohit Prajapati, Trupti Shah, 30 April 2014

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Rohit Prajapati and Trupti Shah
37, Patrakar Colony, Tandlja Road, Vadodara – 390 020, Gujarat
rohit.prajapati at gmail.com, trupti.vadodara at gmail.com

Phone / Fax: 0265-2320399

By FAX - EMAIL

Date: 30 April 2014

To,

Mr. V. S .Sampath
The Chief Election Commissioner
Election Commission of India
Nirvachan Sadan,
Ashoka Road, New Delhi -110001
Tel: 011-23717391 Fax: 011- 23711023
Email: vs.sampath at eci.gov.in

Smt.Anita Karwal (IAS)
The Chief Electoral Officer, Gujarat State
General Administration Department
Block No. 7, 2nd Floor, Sachivalaya, Gandhinagar, Gujarat
Fax No: 079-23250317
Email: ceo_gujarat at eci.gov.in

Subject: Need to initiate exemplary action against Mr. Narendra Modi – PM candidate of BJP for the violation of Model Code of Conduct of Election Commission of India in Ahmedabad, Gujarat after casting his vote on April 30, 2014 by cancelling his candidature from Varanasi and Vadodara in addition to action under Section 126(2) of ‘The Representation of People’s Act, 1951’.

Dear Sir/Madam,

It is undisputed fact that Mr. Narendra Modi – the Bhartiya Janta Party’s prime ministerial candidate deliberately violated the Model Code of Conduct of Election Commission of India in Ahmedabad, Gujarat after casting his vote. His action wherein he addressed the people present there and to others across Gujarat and India on polling day via the press-media a people across by holding symbol of BJP “Lotus” in his hand, delivering an election speech, demonstrates the impunity with which he flouts rules and utter disregards for the constitutional values. The act was telecasted live through television channels, which is irreversible act affecting the free and fair election.

We came to know through your website that letter dated 30 April 2014 is sent to the Chief Secretary and Director General of Police of Gujarat State for some action. While the Election Commission of India has already initiated action we believe more needs to be done to set an example.

Mr. Narendra Modi has violated the section 126 (1) The Representation of People’s Act, 1951 (126. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll (1) No person shall - (a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or (b) display to the public any election matter by means of cinematograph, "television or other similar apparatus; … in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.).

The section 126 (2) clearly states that “Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both. (3) In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election.”

We strongly feel that to repose faith in Election Commission of India’s fairness following action should be taken against Mr. Narendra Modi.

(1) The Act of Mr. Narendra Modi is serious in nature, had done irreversible damage to free and fair election that is why his candidature from both Vadodara and Varanasi constituencies should be cancelled;

(2) Mr. Narendra Modi should be prosecuted as per section 126(2) of The Representation of People’s Act, 1951.

The need of the hour is to deal with stringent and exemplary action against him and his party, more so as he aspires to the country’s prime minister while flouting constitutional norms. This will repose faith of Indian citizens in the Election Commission in its ability to hold free and fair elections, without being brow beaten by anyone.

Rohit Prajapati

Trupti Shah