A public interest litigation sought the disqualification of Prime Minister Narendra Modi from the 2024 Lok Sabha elections on the grounds that he allegedly violated the Model Code of Conduct (MCC) by allegedly soliciting votes in the name of religion or a place of worship during a speech in Pilibhit, Uttar Pradesh. Through this petition, petitioner Advocate Anand S. Jondhale also sought a direction to be issued to the Election Commission of India (ECI) to disqualify PM Modi from elections for six years under the Representation of People Act.
This petition was dismissed by the Delhi High Court, and the reason cited for its disqualification is that the plea was devoid of merit.
THE JUDGEMENT
The court further stated that this plea was “thoroughly misconceived.” The reason stated was that the complainant in this case had filed a complaint before the Election Commission of India, wherein he had filed a complaint on similar grounds. Even before the Election Commission of India could address his complaint, there was no reason to move the court to invoke extraordinary jurisdiction by moving to this court. Secondly, the prayer presupposes that there has been a violation of the Model Code of Conduct and compendium of instructions. This presupposition is completely unjustified.
The High Court stated that it is not within its authority to instruct the Election Commission of India (ECI) to adopt a specific stance regarding the petitioner’s complaint or any other complaint. Additionally, the court emphasized that issuing decisive directives, as requested by Jondhale, is not permissible.
CONCLUDING NOTES
Justice Datta further said that “the ECI is obliged to take an independent view on the petitioner’s complaint, and the petitioner, if aggrieved, shall be at liberty to take recourse to appropriate remedy in accordance with law.”
And the attorney appearing on behalf of the Election Commission of India assured the court that the complaint will be “duly processed” and “appropriate orders will be passed thereon.”.
