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The EC notice cites the model code provision that puts restraint on criticism of rival parties based on unverified allegations and distortions.It also points to Section 123(2)(a)(ii) of the Representation of the People Act that classifies attempts to induce a candidate or elector to believe that he or any other person will become or will be rendered an object of divine displeasure and spiritual censure a “corrupt practice”.
Rahul Gandhi calls PM Modi a ‘Panauti’ during campaign in Rajasthan polls
The poll panel recalled its advisory dated May 2, 2023 that expressed concern over the plummeting level of political discourse in the campaign period and asking all to respect the model code and maintain decency. In addition, it has mentioned various court judgments favouring a balance between the right to reputation and freedom of speech.
Addressing a public meeting on November 22 in Rajasthan’s Barmer district, the Wayanad MP had alleged that just like two pickpockets work together to divert the attention of the victim before robbing him, Modi was raising the “Hindu-Muslim” bogey to divert people’s attention as he wrote off the loans of 4-5 of his “favoured businessmen”. He also claimed that the Modi government had waived off loans worth Rs 14 lakh crore of a few big industrialists.
Referring to the defeat of the Indian cricket team in the World Cup final at Ahmedabad on November 19, Rahul sought to associate the upset with Modi’s presence in the stadium by referring to him as “panauti” (bad omen or one bringing bad luck).
BJP in its complaint to EC had alleged that comparing a Prime Minister to a pickpocket and using the word “panauti” is unbecoming of a very senior leader of a national political party. It also said the allegation of grant of waivers of Rs 14 lakh crore over the past nine years is not borne out on facts. The party governing at the Centre insisted that Rahul’s jibes were in violation of the model code of conduct, Section 123(4) of RP Act as well as Sections 171G, 504, 505(2) and 499 of IPC.
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