BREAKING | Delhi High Court Dismisses Plea To Disqualify PM Narendra Modi From Contesting Elections, Calls It "Thoroughly Misconceived"

The Delhi High Court on Monday dismissed a plea seeking to disqualify Prime Minister Narendra Modi for six years for allegedly seeking votes for the Bhartiya Janata Party (BJP) in the name of Hindu as well as Sikh deities and place of worships.

The plea was moved by Anand S Jondhale, a lawyer by profession.

Justice Sachin Datta observed that the petition is thoroughly misconceived as the petitioner has presupposed that there has been a violation of the Code of Conduct however, "it is not permissible for this court to direct ECI to take a particular view on any complaint."

Court also recorded the submission made by Advocate Siddhant Kumar appearing for Election Commission of India (ECI) that the commission will look into Jondhale's complaint in accordance with the law. 

“This is a speech of April 21 which is after his representation. ECI receives such complaints on a daily basis...He has filed the representation and we will process it. The commission is a constitutional body," Kumar appearing for the Commission said.

Jondhale sought a direction on the ECI to disqualify the Prime Minister from elections for six years under Representation of Peoples Act. A further direction is sought to restrain him from seeking votes in the “name of religious deities and places of worship.”

The petitioner was aggrieved by PM Modi's speech delivered on April 09 in Uttar Pradesh.

Jondhale contended that the Prime Minister not only sought votes in the name of Hindu and Sikh Deities and their Places of Worship, but also made comments against “opposite political parties as favoring Muslims.”

Jondhale's complaint to ECI said that PM Modi said that he has constructed the Ram Temple, developed Kartarpur Sahib Corridor and brought back the copies of Guru Granth Sahib from Afghanistan.

The plea submitted that it is expedient in the interest of fair elections on the part of ECI to take immediate action against Prime Minister, since the date of voting for the Lok Sabha polls is approaching very fast.

“That the Petitioner further submits that the Respondent No.2 (Prime Minister Modi) is on the run of making the same violative speech throughout India while travelling in aircrafts and helicopter of Government of India,” the plea stated.

Jondhale submitted that the speeches of the PM have the potential to create hatred amongst voters on the line of caste and religion. Accordingly, he seeks action against the Prime Minister as per the Model Code of Conduct.

It was his case that he filed a complaint earlier this month before the ECI to register an FIR against PM Narendra Modi under Section 153A of the Indian Penal Code, and to disqualify him from elections for six years under the Representation of the People Act, 1951, with immediate effect.

However, Jondhale alleged that till date no action has been taken by the ECI in the matter.

Title: Anand S Jondhale v. Shri Rajiv Kumar Chief Election Commissioner of India & Anr.

Citation: 2024 LiveLaw (Del) 511