Who flouted the poll code this election season .... A list of violations and the action taken

Furquan Ameen, TT, 5 April 2019, New Delhi: After the Election Commission announced the Lok Sabha polls on March 10, several political parties, government utilities and institutions have been on the radar for alleged violation of the model code of conduct. What were the allegations that grabbed headlines, and what action did the poll panel take? Here’s a list:

Allegation

The launch of the 24-hour TV channel NAMO TV just before elections. The Congress and the Aam Aadmi Party complained to the Election Commission on Monday, saying the launch of the channel violated the Model Code of Conduct.

Action taken

The Election Commission sought a report from the information and broadcast ministry about the TV channel. On Wednesday, the ministry told the poll panel that it was not a licensed channel but a direct-to-home advertisement platform and the BJP will bear all the advertisement costs. Its website, however, does not seem to concur with the I&B ministry. The channel’s website says: “NAMO TV is your Hindi news website on narendra modi live, narendra modi video, narendra modi app, narendra modi news, narendra modi latest speech. We provide you with the latest breaking news on Indian politics.”

Allegation

A supposed Election Commission “flying squad” along with Tamil Nadu police seized copies of a book on the Rafale deal from a bookshop in Chennai on Tuesday. Who ordered the search and seizure against S. Vijayan’s book published by Bharathi Puttakalayam.

Action taken

The book was launched on Tuesday evening after the chief electoral officer clarified that the seizure wasn’t ordered by him or the district electoral officer. The books seized by the police was sent back to the publisher.

Allegation

On March 26, Opposition parties filed a complaint with the Election Commission against the makers of the film PM Narendra Modi. The film, directed by Omung Kumar and starring Vivek Oberoi as Modi, was expected to release on April 5 but the censor board said that the film is yet to be certified for public screening. The Opposition parties asked the commission to push back the release of the film to after the elections.

Action taken

The Election Commission served a notice to the filmmakers after meeting a Congress delegation. The poll panel refused to stay the release of the film, saying the censor board would take a call on the film’s release.

Allegation

On March 19, Trinamul complained to the poll panel that Indian Railways tickets bearing Narendra Modi’s photographs were being circulated. A tweet by a former IPS officer showed that Air India boarding passes had photos of Modi. Tweets also surfaced showing paper cups with the “main bhi chowkidar” slogan by Modi printed on them that were used to serve tea to passengers on trains.

The model code of conduct says that “government transport including official aircraft, vehicles, machinery and personnel shall not be used for furtherance of the interest of the party in power”.

Action taken

The Election Commission wrote to the ministry of civil aviation and the Railway Board seeking response on alleged “noncompliance of lawful instructions and lackadaisical approach towards enforcing the model code of conduct”. The railways slapped a fine of Rs 1 lakh on the vendor who had supplied the paper cups.

Allegation

Satya Ranjan Swain, an advocate in Delhi, filed a complaint in March before the Delhi chief electoral officer, alleging that AAP legislators while executing work for the government, such as inspecting CCTV installations, were also using the opportunity to campaign for the party.

The model code of conduct says that ministers “shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work”.

Action taken

In response to the chief electoral officer’s letter, the Delhi Secretariat issued a circular asking ministers and legislators to adhere to the poll code.

Allegation

CPM general secretary Sitaram Yechury wrote to the poll panel, saying that the Prime Minister’s address to the nation on March 27, when he announced the successful test of India's anti-satellite (ASAT) missile, was in violation of the model code of conduct.

Action taken

On March 29, the poll panel replied that Narendra Modi’s speech had not violated the poll code. The poll watchdog said it had formed a committee to look into possible misuse of official mass media as contained in para (4) of Part VII of Model Code of Conduct. This section says that “issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided.”

Allegation

On March 23, Rajasthan governor Kalyan Singh told reporters in Aligarh: “Hum sabhi log BJP ke karyakarta hain (we are all BJP workers)... and everyone wants Modiji to become the Prime Minister once more.”

Action taken

The poll panel asked for a report on the matter from the Uttar Pradesh chief electoral officer. It found Singh’s comments to be in violation of the code of conduct and wrote to the President seeking action against him. The President has reportedly forwarded the letter to the home ministry seeking necessary action. A governor, who is appointed by the President of India, is expected to be apolitical at all times, whether the election poll code is in force or not. However, in many instances earlier, governors have favoured one political outfit over another.

Allegation

Niti Aayog vice-chairman Rajeev Kumar criticised the Congress’s proposed Nyay scheme in a tweet. The Election Commission asked for an explanation from him.

Action taken

On April 2, Kumar filed his response to the Election Commission, saying that he made the comments as an economist. The service rules of government officials bar them from making statements or taking any action that may be viewed as politically partisan. The service rules say that at all times – whether the is under the poll code or not – “a member of the service shall maintain political neutrality”.

Allegation

Congress leader and Puducherry chief minister V. Narayanasamy was accused of violating the model code by AIADMK by extending freebies to people using the chief minister’s relief fund. AIADMK sent a letter to the poll panel seeking action against the chief minister.

Action taken

No action yet