JD(U) seeks immediate arrest of Modi for poll code violation

JD(U) demanded immediate arrest of Narendra Modi and countermanding polls in Varanasi and Vadodra for alleged violation of poll code and provisions of People Representation Act by the BJP leader.

PTI| Updated: May 01, 2014, 21:13 PM IST

New Delhi: JD(U) on Thursday demanded immediate arrest of Narendra Modi and countermanding polls in Varanasi and Vadodra for alleged violation of poll code and provisions of People Representation Act by the BJP leader.
In a letter to the Chief Election Commissioner V S Sampath, JD(U) general secretary K C Tyagi also alleged that the poll panel failed in controlling hate speeches.

"Never in the history of Indian democracy, any Prime Ministerial candidate has ever violated the Model Code of Conduct and People`s Representation Act the way Modi did yesterday. However, no action has been taken against him till now except for filing FIRs," Tyagi said in his letter.

"We demand that the elections of Narendra Modi`s both the constituencies be countermanded immediately and he should be arrested and stopped from participating from the remaining
elections for violating the model code of conduct... And people`s representation act.

"and hope that this time EC will take strong action to re-establish its control on the election process and give a strong message to all those who are trying to communalise the entire election process in the country," the letter said.

The party which also thanked the EC for conducting the ongoing elections successfully and ensuring high voter turnout at the same time rued that the EC had failed in controlling
hate speeches.

"EC has completely failed in controlling the hate speeches, personal character attacks, communal polarisation and the most important violation of election model code of conduct by both the national parties on a regular basis," Tyagi said in his letter.
Citing the example of Amit Shah and Azam Khan, Tyagi said that while action against both was welcomed by all, unfortunately the ban on Amit Shah was withdrawn which "raises doubt on election commission`s impartiality against a particular party".

Tyagi said that the judicial pronouncements have already conferred on the EC all the powers necessary for the free and fair conduct of elections based on Article 324 of the Constitution.

"Given its wide powers, the EC can direct political parties to withdraw candidates who vitiate the atmosphere after specific warning.

"Filing FIR against any person assessed guilty of vitiating the atmosphere is grossly ineffective as such FIR don`t reach any conclusion in terms of penal sentencing and remain only a proforma threat," Tyagi said in the letter.

He added that had the EC countermanded elections of one or two constituencies where hate speeches were given or cancelled the candidature of candidates, no would have "dared to
violate" the model code of conduct.

"It reminds of T N Seshan`s days when in May 1991, the election of the then chief minister of UP Mulayam Singh Yadav was countermanded for violation of model code of conduct and
similar actions are required in the above mentioned cases," Tyagi said.