new DElhi, Nov 15
The Election Commission (EC) on Tuesday issued a showcause notice to Aam Aadmi Party (AAP) national convenor and Delhi Chief Minister Arvind Kejriwal over two posts on ‘X’ from the party handle, saying these were “derogatory”, “disparaging” and built a “slanderous narrative” against Prime Minister Narendra Modi.
Acting on a complaint filed by the BJP on November 10, the EC said it was “prima facie of the view that the tweets… violate the provisions of the Model Code of Conduct read with relevant election and penal laws.” It asked Kejriwal to “explain the statements/ allegations/ averments” made in the social media posts by 7 pm on Thursday.
In its two posts last week, the AAP had alleged that the PM and his government work for industrialist Gautam Adani.
“…the first upload and tweet further comprise imagery including animation, caricature and drawings and modified content superimposing the Prime Minister with the business person Shri Adani, creating a narrative that the Prime Minister is supplicating before Shri Adani or beseeching him for favours or reporting to him,” the EC notice said.
It said the AAP, its national convenor and candidates in the ongoing state elections “ought to have verified the facts and have proof in its possession to justify the ex facie derogatory, insulting and disparaging animation, caricature, scam, nexus with a business person for a slanderous narrative against the star campaigner of another national party, who is a democratically elected Prime Minister of the nation.”
It said the two posts had prima facie violated the MCC provision against “criticism of all aspects of private life, not connected with the public activities of the leaders… criticism of other parties or their workers based on unverified allegations or distortion…”
The EC cited the Supreme Court order in a 1969 case, Guruji Shrihari Bhaliram Jivatode vs Vithalrao, where it said “a campaign of slander is likely to create prejudice in the mind of the people” against an individual. It also cited a 2021 Madras High Court order in the matter of TTV Dhinakaran vs City Public Prosecutor High Court Campus, where the court said it was “of the view that irrespective of the political affiliation, … a person raised to the level of leader of a political party should show utmost respect to the others in public life.”
“…the Commission has also time and again issued advisories to political parties and candidates to maintain dignity in electoral campaigning, desist from transgressing the limits of decency and refrain from attacks on the personal character and conduct of political rivals as they can vitiate the level playing field.
The spirit of the Model Code of Conduct is not just avoidance of a direct violation, but also prohibition on attempts to vitiate the electoral space through suggestive or indirect statements or innuendoes and consequently the democratic processes or harm public tranquility,” the EC said.
Meanwhile, the EC also issued a notice to Congress general secretary Priyanka Gandhi Vadra for a statement made during an election rally in Madhya Pradesh where she asked Modi why he had given BHEL to his “bade udyogpati mitron (big industrialist friends)”.
Citing the MCC provision against making unverified allegations, the EC asked her to explain her statement by 8 pm on Thursday. This is the second EC notice to Priyanka in the ongoing Assembly elections.
