
The Supreme Court on Tuesday issued notice to Election Commission of India after hearing Congress MP Sushmita Dev's petition against Prime Minister Narendra Modi and BJP president Amit Shah for allegedly violating model code of conduct which is in place due to ongoing Lok Sabha polls in the country.
Dev, Congress MP and president of the party's women's wing, had moved Supreme Court alleging PM Modi and Shah violated model code of conduct through their campaigning for elections. Dev also sought direction from the court to the Election Commission to decide without any "demur" the complaints against PM Modi and Amit Shah.
Dev alleged in her petition that "inaction" by EC on complaints against top BJP leaders was "a sign of invidious discrimination" and was "arbitrary, capricious and impermissible" as it was destructive of the integrity of electoral process.
"It is in public domain that they have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition on the same by the EC," Dev said in her petition.
"The lack of decision despite cogent evidences, representations and exhortations to the Respondent/ECI demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field in ensuing general elections for the Lok Sabha. The inactions, omissions and commissions by the Respondent/ECI are in complete and direct violation of Articles 14 and 21 of the Constitution and which are impeding free, fair and unbiased general elections," the petition said.
The plea further said that under the Constitution, the poll panel is the "watchdog of free and fair elections and is duty-bound to circumvent the pressure and ascertain that ensuing elections are free from any impediments in order to uphold the democratic sanctity and fundamental rights of the voter".
The court has posted the case for hearing on May 2.