The Election Commission of India (ECI) has barred Mayankeshwar Singh, the Bharatiya Janata Party’s (BJP) Member of Legislative Assembly (MLA) representing Amethi in Uttar Pradesh from campaigning for the ongoing assembly elections in the state for 24 hours starting 8 A.M on February 23. This was in response to a video which has been doing the rounds on social media where Singh could be seen using hate speech in contravention to the Model Code of Conduct (MCC) issued by the ECI.
Singh was seen addressing a crowd of voters during one of his campaigns saying, “If the Hindus are awakened, we will pull out the beards and make a chotia (a ponytail sported by Brahmin Hindus). If you want to stay in Hindustan you will have to say “Radhe Radhe” (a Hindu chant) else, just like at the time of partition people had gone to Pakistan, you should also go.”
Many had raised their voice against this and CJP had filed a formal complaint to the State Election Commission (SEC), Uttar Pradesh against Singh.
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The Election Commission Of India had issued a show cause Notice No. 437/UP LA/2022 dated February 20, 2022 to “Sh. Mayankeshwar Sharan Singh, Contesting Candidate of Bharatiya Janata Party” for prima-facie violation of Section 125 of the Representation of the People Act, 1951; Section 298 of Indian Penal Code, 1860; Para 1 and Para 4 of Part I ‘General Conduct of “Model Code of Conduct, for the guidance of Political Parties and Candidates”with regard to objectionable statement made by him in a video widely circulating on various media platforms.
Singh, in his reply, said that the statement under question was made by him in reference to the Ahmedabad Blast Case and not in respect of any community in India and that the same deprecates terrorists. The Commission observed that the cases cited by Singh in his reply do not apply in this case and deemed that the statements made by him in the viral video were utterly irresponsible and provocative having the undertone and propensity to disturb religious harmony of society. Further, the EC has also filed a First Information Report (FIR) in this matter under section 298 of Indian Penal Code, as also section 125 of the Representation of the People Act, 1951 at Mohanganj Police Station, Amethi.
The EC thus, invoking Article 324 [ Superintendence, direction and control of elections to be vested in an Election Commission] has prohibited Singh from holding any public meetings, public processions, public rallies, road shows and interviews, public utterances in media (electronic, print, social media) etc. in connection with ongoing elections in UP for 24 hours from 08:00 A.M on February 23.
Complaint by CJP
The complaint to the State Election Commission (SEC) by CJP was filed on February 19. In the detailed representation, the complaint lays down the content of the speech and analyses how it violates the Model Code of Conduct, sections of the Indian Penal Code and the Representation of People’s Act, 1951.
The Model Code of Conduct issued by the Election Commission of India, among other things, states that “No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic” and also states that, “There shall be no appeal to caste or communal feelings for securing votes.”
CJP’s complaint also urged the SEC to seek urgent and stringent actions against any and all of such prominent campaigners and members of political parties who indulge in such corrupt and communal practices, vitiating the social atmosphere and intimidating voters.
Since there have been more than three to four prominent members of the same party who appear to be consistently indulging in such unlawful corrupt practices, CJP has also requested that the Election Commission seriously consider — apart from issuing a notice to this individual candidate — to also issue a notice to the state and national party chiefs of the BJP.
The notice issued may be read here :
Image Courtesy: thenewsagency.in
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Hate Speech: CJP moves SEC against BJP MLA Mayankeshwar Singh, Amethi, UP
CJP moves SEC against BJP MLA’s communal speech during election campaign in UP