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Petition Filed in SC Challenges PM Modi's Election Eligibility

Petition Filed in SC Challenges PM Modi's Election Eligibility

A petition has been submitted to the Supreme Court of India, requesting the disqualification of Prime Minister Narendra Modi from future elections in accordance with the Representation of People Act.

The plea filed by one Fatima also seeks a directive from the Supreme Court of India to the Election Commission of India (ECI), urging immediate action against Prime Minister Narendra Modi in accordance with the Model Code of Conduct outlined in the Compendium of Instruction Volume-III, specifically under Rules-General Conduct (1 and 3).

Filed through AOR Sunil Kumar Agarwal and drawn by Advocate Anand S Jodhale, the plea states that on April 21, 2024, the BJP leader, as part of the election campaign for the Lok Sabha Election 2024, addressed a public rally of electors at Banswara, Rajasthan. During this speech, he allegedly made statements...

''"Aur phele jab unki Sarkar thi unhone kaha tha ki Sampati par pehla adhikar Musalmaano ka hain. Isska matlab, yeh sampati khatti karket kiskon baatengay? Jinke zyaada bache hain unko baatengay. Ghupathisyon ko baatengay. Kya aapki mehnat ki kamai ka paisa Ghuspathiyon ko diya jaayega? Apko manzoor hain yeh? ''

The petition submits that various organizations and individuals in the country have filed complaints with the Election Commission of India (ECI) over the past 30 days. However, despite these complaints, the ECI has allegedly failed to take any effective action against Prime Minister Modi up to this date.

The court has been informed that Prime Minister Modi delivered a similar speech on April 9, 2024, in Pilibhit, Uttar Pradesh. In this speech, he purportedly mentioned that he had constructed Hindu temples and urged voters to support his party in the name of Hindu deities and places of worship, as well as Sikh deities and places of worship.

On April 29, the Delhi High Court had dismissed a similar plea filed by Advocate Jondhale, highlighting that the petition was grounded on a fundamental misunderstanding. The court clarified that it was not within its jurisdiction to instruct the Election Commission to take a particular stance.

In that instance, a single judge bench led by Justice Sachin Dutta said,

"The petitioner presupposes that there was a violation. However, the court cannot direct ECI to take a particular view."

Advocate Jondhale contended that Prime Minister Modi's statements contravened election conduct regulations, which forbid actions that worsen existing divisions or incite tensions between religious or linguistic communities.

Additionally, he argued that the utilization of religious sites for political purposes was prohibited. Jondhale further asserted that Prime Minister Modi's conduct amounted to an offense under Section 153A of the Indian Penal Code and justified disqualification under the Representation of the People Act, 1951.

Case Title: Fatima vs. ECI and Anr

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