Zeenews Bureau
New Delhi, March 22: In a first in the history of elections in India, the Election Commission on Sunday found Varun Gandhi guilty of violating the Model Code of Conduct, and advised the BJP to withdraw his candidature for the LS polls.
The decision, which came after deliberation lasting over two days, was taken unanimously by the three commissioners.
"The two speeches (by Varun Gandhi) contained highly derogatory references and seriously provocative language of a wholly unacceptable nature against a certain community," the Election Commission order said.
"The commission considered the speeches as a grave violation of the model code of conduct, apart from amounting to promoting feelings of enmity and hatred between different classes on the ground of religion, outraging the religious feeling of a particular community, and promoting hatred and ill-will between two classes of citizens and provoking a section of the citizens to indulge in violence," the order said.
"Any sponsorship of his candidature by the BJP, or any other political party at this election, would be perceived as endorsing his unpardonable acts of inciting violence and creating feelings of enmity and hatred between different classes of citizens of India, destroying the social, democratic and plural fabric of the country," it said.
The Election Commission has also initiated proceedings for the filing of a criminal case against Varun Gandhi.
Varun Gandhi had found himself in the eye of a political storm after making communally loaded comments in an election rally in Pilibhit.
Holding that his alleged anti-Muslim speeches amount to a violation of the model code of conduct, the Election Commission on Wednesday slapped notices on Varun Gandhi and the BJP, seeking their response by Friday and ordered video tracking of his entire campaign. Varun Gandhi replied to the notice on Friday.
The Election Commission had been in discussion for two days over the reply.
While Gandhi in his reply to the EC's notice had claimed that the CD, containing his alleged hate-speech, was doctored, Chief Election Commissioner N Gopalaswami had gone on record stating that the onus was on Gandhi to prove that the tape was doctored.
In its reply, BJP distanced itself from Gandhi's hate speeches and told EC that his remarks did not represent the views of the party.
It, however, asked the poll panel to check the genuineness of the CD containing the comments.
The EC had also directed the District Magistrate of Pilibhit to file an FIR against Varun.
Following which a first information report (FIR) against Varun Gandhi was filed at Barkheda Police Station in Pilibhit under Sections 153 A (promoting enmity between different groups on ground of religion) and 188 (disobedience to order duly promulgated by a public servant) of the Indian Penal Code and Section 125 of the Representation of the People Act.
On Friday, Justice Reva Khetrapal of the Delhi High Court had granted anticipatory bail to Varun Gandhi till March 27 after his lawyers pleaded before the court that the provision for anticipatory bail wasn't available in Uttar Pradesh. Varun was asked to furnish a personal bond of Rs.50,000.
The grandson of late prime minister Indira Gandhi, Varun Gandhi, who is planning to make his electoral debut this year, has alleged that the FIR, which was lodged nine days after he made the alleged speeches, was a part of a conspiracy to spoil his political career and tarnish his secular image.
In the FIR, Varun Gandhi has been accused of having delivered a communally inflammatory speech on March 8 which has caused insecurity in the minds of one particular community.
The FIR also states that the meeting was held without permission and in violation of Section 144 imposed by the local administration.
With IANS inputs
First Published: Sunday, March 22, 2009, 00:00