This story is from May 1, 2019

Election Commission clears PM Narendra Modi over speech on Rahul Gandhi opting for Wayanad

Addressing the rally on April 1, Modi had attacked Congress for trying to taint Hindus with “terror” tag. “People who they termed as terrorists have now woken up. Now they don’t have the courage to contest from seats where Hindus are a majority..",had said the PM. The Maharashtra CEO said in his report that the PM didn't violate any provisions.
Congress moves SC against PM Narendra Modi, Amit Shah over poll code violation
Key Highlights
  • Congress approached the EC soon after, alleging the Prime Minister’s remarks were “divisive, hateful and vile” and in violation of the model code of conduct.
  • However, the EC has, on examining reports from Wardha district election officer and Maharashtra chief electoral officer said it is of the “considered view that in this matter, no such violation is noticed”.
NEW DELHI: The Election Commission gave a clean chit to Prime Minister Narendra Modi on Tuesday over his April 1 speech at Wardha where he said Congress president Rahul Gandhi’s decision to also contest from Wayanad in Kerala was akin to taking “refuge in areas where majority is in minority”.
Congress approached the EC soon after, alleging the Prime Minister’s remarks were “divisive, hateful and vile” and in violation of the model code of conduct.
However, the EC has, on examining reports from Wardha district election officer and Maharashtra chief electoral officer, and also assessing the comments in the light of provisions of the MCC and the Representation of the People Act, 1951, said it is of the “considered view that in this matter, no such violation is noticed”.
Sources said while the full commission meeting was scheduled to discuss other poll code breach complaints against the Prime Minister, including his appeal to first-time voters in Latur on April 9 to vote keeping in mind Pulwama martyrs and soldiers behind the Balakot strikes, these could not be taken up for paucity of time. The agenda also listed 11 MCC violation complaints against Rahul Gandhi and one against BJP chief Amit Shah. TOI has learned that the EC will meet again on Wednesday to consider these complaints.
Addressing the rally on April 1, Modi had attacked Congress for trying to taint Hindus with “terror” tag. “People who they termed as terrorists have now woken up. Now they don’t have the courage to contest from seats where Hindus are a majority after terming Hindus as terrorists, who believe in universal brotherhood. They have already got the punishment and so they are being forced to go to places where the majority is in minority,” he had said.
The Maharashtra CEO, in his report to the EC, cited the report received from DEO, Wardha, stating that he had perused the speech and analysed it in the light of Section 123(3A) and Section 125 of the RP Act. “He has observed that the Hon’ble PM has not violated the provisions of the model code of conduct and the above provisions of the R P Act,” the CEO informed the EC.
While Section 123(3A) of the RP Act deals with promoting feelings of enmity or hatred between different citizens on grounds of religion etc for the furtherance of electoral prospects of a candidate or party, Section 125 lays down up to three-year imprisonment for promoting such enmity.
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About the Author
Bharti Jain

Bharti Jain is senior editor with The Times of India, New Delhi. She has been writing on security matters since 1996. Having covered the Union home ministry, security agencies, Election Commission and the ‘prime’ political beat, the Congress, for The Economic Times all these years, she moved to TOI in August 2012. Her repertoire of news stories delves into the whole gamut of issues related to terrorism and internal strife, besides probing strategic affairs in India’s neighbourhood.

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