Tag: model code of conduct

  • SC to hear Arvind Kejriwal’s plea against arrest in money laundering case on April 29

    New Delhi, The Supreme Court is scheduled to hear on Monday a plea by Delhi Chief Minister Arvind Kejriwal challenging his arrest in a money laundering case stemming from the alleged excise policy scam. A bench of Justices Sanjiv Khanna and Dipankar Datta is likely to hear the matter. Kejriwal had earlier told the apex court that his “illegal arrest” in the case constitutes an unprecedented assault on the tenets of democracy based on “free and fair elections” and “federalism”. In a rejoinder to the Enforcement Directorate’s (ED) reply affidavit filed on his petition challenging his arrest in the case, Kejriwal said the mode, manner and timing of his arrest just before the Lok Sabha elections when the Model Code of Conduct had come into play, speaks volumes about the “arbitrariness” of the agency. Kejriwal claimed it is a “classical case” of how the Centre has misused the ED and its wide powers under the Prevention of Money Laundering Act to “crush” the Aam Aadmi Party (AAP) and its leaders. AllUttar PradeshMaharashtraTamil NaduWest BengalBiharKarnatakaAndhra PradeshTelanganaKeralaMadhya PradeshRajasthanDelhiOther StatesIt claimed that the ED illegally ‘picked up’ a sitting chief minister and the national convenor of one of the national Opposition parties, five days after the general elections were announced and the Model Code of Conduct came into force. He said a level playing field, which is a pre-requisite for ‘free and fair elections’, has clearly been compromised with his illegal arrest. It said the entire basis of Kejriwal’s arrest rests upon certain statements which are in the nature of “self-incriminating confessions” by alleged accomplices who have been given the immunity by way of pardon etc. “Whether such statements could qualify as materials to reach the conclusion of guilt as envisaged under section 19 PMLA to justify the arrest of a sitting chief minister of NCT of Delhi or a national convenor of a national political party in India in the midst of general elections,” it asked.

    In the rejoinder, Kejriwal alleged the only objective of the ED was to procure and obtain some statement against him and as soon as the statement was taken, the mission of the probe agency was accomplished and thereafter, the co-accused were neither arrested nor any further statements were taken.

    The AAP leader claimed the malicious intent of the ED in conducting the investigation was apparent from its deliberate concealment of statements made by co-accused individuals where either no allegations were made or allegations were explicitly denied.

    Kejriwal also said there is no link whatsoever established by the ED to claim that an amount of Rs 45 crore was transferred by the South group as advanced kickback which was then utilised by the AAP in the Goa elections.

    The chief minister said the ED, in its reply affidavit filed in the apex court, has said that one of the reasons which necessitated his arrest was that he did not remain present before the investigating officer (IO) despite being summoned nine times.

    In its reply affidavit filed in the apex court earlier this week, the ED has claimed that Kejriwal is the “kingpin and key conspirator” of the excise policy scam and the arrest of a person for an offence based on material can never violate the “concept of free and fair elections”.

    The ED arrested Kejriwal on March 21 after the Delhi High Court refused to grant him protection from coercive action by the federal anti-money laundering agency. He is currently lodged in Tihar jail under judicial custody.

    On April 15, the top court issued a notice to the ED and sought its response to Kejriwal’s plea.

    The high court had on April 9 upheld Kejriwal’s arrest in the money laundering case, saying there was no illegality about it and that the ED was left with “little option” after he skipped repeated summonses and refused to join the investigation.

    The matter pertains to alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22 which was later scrapped.

  • Lok Sabha polls: EC asks political parties to share details of aircraft, helicopters used in campaigning

    The Election Commission of India (ECI) has asked political parties to furnish details of aircraft and helicopters being used for campaigning, including their origin and destination and details of people ferried in them. A letter by Tejas Samel, deputy election officer of Mumbai Suburban district, dated April 12, said such information has to be furnished three days before the journey to the district election office, but that duration has now been reduced to 24 hours.

    “We are sending a revised letter on April 17. Instead of three days, they have to inform us 24 hours in advance,” Samel told PTI on Tuesday night.

    The details should also include the make of the aircraft/helicopter and people travelling in them. The letter said this information has to be furnished under the Model Code of Conduct in force for the upcoming Lok Sabha polls, which has to be sent to the ECI.

    Lok Sabha elections in Maharashtra, which has 48 seats, will be held in five phases between April 19 and May 20.

  • EC Asks Govt To Stop Sending 'Viksit Bharat' Messages On WhatsApp

    The ministry had informed the Commission that the messages along with a letter from PM Modi were sent before the Model Code of Conduct came into force on March 16. 

  • EC holds Himanta guilty of violating poll code, Assam CM says will abide by panel’s directions

    Express News Service

    GUWAHATI: The Election Commission served a notice on Assam Chief Minister Himanta Biswa Sarma for violating the model code of conduct and he said he would abide by the EC’s directions.

    Assam Congress chief Bhupen Kumar Borah and Congress Legislature Party leader Debabrata Saikia had lodged separate complaints, backed by video evidence and newspaper clippings, with the EC alleging that Sarma had violated the poll code.

    In the notice to the CM, the EC said it was confirmed that he had made promises and announcements during his bypoll campaign speeches at various places.

    “Debabrata Saikia and Bhupen Kumar Borah alleged that you, in the capacity of the Chief Minister and the designated star campaigner for BJP, have made several announcements at various election meetings…for establishing the medical college, bridges, roads, high schools, stadium, sports complex etc and also made announcements for giving financial assistance to self-help groups of tea garden workers and for development projects in the constituencies,” the notice reads.

    “By making the statements, you have violated the model code of conduct. The Commission gives you an opportunity to explain your position in this regard on or before 1700 hours of Tuesday. If no explanation is received within the time limit, the Commission shall take a decision without any further reference to you,” the notice further reads.

    Sarma criticised the Congress for moving the Commission. He said the party stood opposed to the government working for the welfare of the people.

    “They (Congress) raised objections to announcements on welfare schemes and the construction of a medical college. People will get the benefits of the schemes which have been already announced in the budget. I will abide by the EC’s directions,” the CM said.

    The Congress hailed the EC for taking cognisance of his violations of the model code of conduct.

    “The most important fact that the Election Commission should take note of is that Sarma is the constitutional head of the state and he is supposed to respect the model code of conduct. But instead, it is seen how brazenly he is violating the rules without consideration, giving the impression that those in power are not accountable to anybody. This reflects a complete lack of respect for institutions and rules,” the Congress said.

    It demanded that the EC bar Sarma from campaigning based on the audio-visual evidence. The party said this would set a precedent that the poll rules needed to be followed and not disregarded by those in power.

  • Bhowanipore bypoll: BJP candidate Priyanka Tibrewal gets notice for poll code violation

    By Express News Service

    KOLKATA: The returning officer of Bhowanipore Assembly constituency issued a notice to BJP candidate Priyanka Tibrewal, who is contesting against CM Mamata Banerjee in the by-election scheduled to be held on September 30, citing alleged violation of Model Code of Conduct (MCC) and established Covid-19 protocols while filing her nomination. 

    The poll panel’s move came after the Trinamool Congress alleged that Priyanka violated the MCC and Covid-related restrictions by gathering a mob of not less than 500 without any permission. 

    In the complaint, it was also alleged that she even performed ‘Dhunuchi Nach’ (traditional Bengali dance during Durga Puja) at places on the way to file her nomination. 

    ALSO READ | Bhowanipore bypoll: BJP candidate Priyanka Tibrewal holds rally ahead of filing nomination

    The returning officer referred to the report submitted by the officer-in-charge of Bhowanipore police station where he mentioned traffic snarl triggered by the massive assembly of BJP supporters. 

    Priyanka, in her reply, refused to accept the allegation. “I had not led any crowd. It is not my duty to see who was on the road on bikes and four-wheelers. It’s the job of the police and the local administration,” she said. 

    Claiming that she had followed all protocols, Priyanka said, “I would like to point out that other than Suvendu Adhikari, there was no one in the vehicle in which I travelled to file my nomination.”

    It was Adhikari, former lieutenant of Mamata, who defeated the Chief Minister in Nandigram.

  • PM’s photo to be hidden on vaccine certificates in poll-bound states

    By Express News Service
    NEW DELHI: The Health and Family Welfare Ministry (MoHFW) has informed the Election Commission that in compliance with Model Code of Conduct (MCC) it has applied filters in its CoWIN IT platform in four poll-bound states and a UT to ensure that the picture of the Prime Minister Narendra Modi does not appear on the Covid-19 vaccine certificates, sources in the poll panel said.

    The sources said, Union Health Secretary Rajesh Bhushan in a letter to the poll panel has informed that ‘technical measures to comply with the directions of EC have been explored promptly’ and ‘necessary filters’ in CoWIN have been applied for the vaccination centres in Assam, Kerala, Tamil Nadu, West Bengal and Puducherry, as suggested by the Commission.

    It is to be noted here that after a complaint by the Trinamool, the poll panel had asked the MoHFW to follow the MCC in letter and spirit.

    It had suggested use of filters in the CoWIN platform to exclude the picture of the PM in vaccine certificates.

    It had suggested use of filters in the Co-Win platform to exclude the picture of the prime minister in COVID-19 certificates being given to people in the poll-bound states and the UT.

    Sources aware of the correspondence between the Election Commission and the ministry said the panel has not referred to any individual or personality but had asked the health ministry to follow the provisions of the model code in letter and spirit.

    The poll panel had suggested use of filters to comply with the provisions of the poll code.

    The model code had come into force in Assam, West Bengal, Tamil Nadu, Kerala and Puducherry on February 26, the day the EC announced polls in these four states and union territory.

    (With PTI Inputs)

  • EC asks Centre to remove PM Modi’s photo from coronavirus vaccination certificates in poll-bound states

    By Online Desk
    The Election Commission has directed the Centre to remove the photos of PM Modi on coronavirus vaccination certificates in states where the model code of conduct is in place.

    The ruling TMC in West Bengal had on Tuesday approached the poll panel about the PM’s image on vaccination certificates generated through the Co-Win platform being a violation of the model code of conduct in Bengal and other poll-bound states. The EC had sought a report from the West Bengal chief electoral officer to verify the veracity of the TMC’s complaint.

    Based on the CEO’s report, the EC has now instructed the Health Ministry to adopt a system so that the PM’s photo does not appear on the vaccination certificates distributed in in West Bengal, Assam, Kerala, Tamil Nadu, and Puducherry- the five states going for polls starting from March 27.

  • EC asks Centre to remove PM Modi’s photo from coronavirus vaccination certificates in poll-bound states

    By Online Desk
    The Election Commission has directed the Centre to remove the photos of PM Modi on coronavirus vaccination certificates in states where the model code of conduct is in place.

    The ruling TMC in West Bengal had on Tuesday approached the poll panel about the PM’s image on vaccination certificates generated through the Co-Win platform being a violation of the model code of conduct in Bengal and other poll-bound states. The EC had sought a report from the West Bengal chief electoral officer to verify the veracity of the TMC’s complaint.

    Based on the CEO’s report, the EC has now instructed the Health Ministry to adopt a system so that the PM’s photo does not appear on the vaccination certificates distributed in in West Bengal, Assam, Kerala, Tamil Nadu, and Puducherry- the five states going for polls starting from March 27.

  • Bengal elections: No bike rally after model code is imposed, says poll panel

    Express News Service
    KOLKATA: Chief Election Commissioner Sunil Arora on Friday said no bike rally will be allowed across Bengal once the model code of conduct is in place ahead of the upcoming Assembly elections in the state. 

    In case of violation, the two-wheelers will be confiscated and released only after the elections, Arora said. “No motorbike rally will be announced before the Assembly election. Police will be given the necessary instructions to seize the two-wheelers and keep them in their custody till the completion of the poll process. The Commission will bring a notification regarding a blanket ban on motorbike rallies,” said Arora.

    The announcement came in the backdrop of complaints by opposition parties that during poll campaigning bike-born party cadres roam at a place to show the strength of their party and terrorise common electorates.

    The full bench of the Election Commission spent two days in Kolkata and held a series of meetings with the bureaucrats and other officials. The meetings were focused on Bengal’s law and order situation as the opposition parties are anticipating large-scale violence before and during the election. The ECI asked Kolkata Police Commissioner Anuj Sharma and Additional Director General of Police (law and order), Gyanwant Singh, to execute all pending non-bailable arrest warrants by the end of this month.

    Arora made it clear that an adequate number of central forces will be engaged in the upcoming elections to ensure a free and fair poll. “An adequate number of CRPF personnel shall be deployed ahead of the election,” he said.

    The CEC said at present the state has 78,903 booths. “An additional 22,887 booths will be created because of the Covid-19 pandemic. All booths will be on the ground floor of the polling stations so that elderly people will face no difficulty to exercise their franchise,” said Arora.          

    Responding to a query on political violence, Arora said the commission has already reviewed the incidents of violence, particularly, those with political overtones that happened in the past six months. “The SPs have come up with presentations regarding this and some of them were excellent. They will be asked to keep a special watch on the violence-prone areas after we send poll observers to the state,” Arora said. 

    The Chief Secretary and Home secretary must also be vigilant against issues of fake information or false propaganda in the social media which were flagged off by a number of political parties, the commission said.