Commission’s second Suo motu report on two month’s enforcement of MCC during GE 2024

Commission has chosen to put this information in public domain so that the most important stakeholders, the voters and the political parties get real time information on measures taken to maintain level playing field, that India is rightly proud of.

The Commission led by CEC Shri Rajiv Kumar along with ECs Shri Gyanesh Kumar and Shri Sukhbir Singh Sandhu monitors countrywide pending cases of alleged violations of MCC daily and actions are taken in timebound manner and on top priority. Many of these actions during the last two months have far reaching and systemic implications in cleaning up the campaign space in the long term as against only in an episodic prescriptive manner.

At the outset, Commission expects top leaders of political parties, especially of the major national parties, most of whom are star campaigners, to set good examples of campaign discourse expected of them in the current elections. It is primarily their responsibility to correct the course of their statements/ utterances in the remaining phases to avoid any permanent dent on the delicately balanced social fabric of the country.

The following are some of the decisions taken during two months of enforcement of MCC:

1. The Model Code came into effect on 16^th March 2024 with the announcement of the general elections to the Lok Sabha and four phases are over.

2. With about two months completed since the Model Code of Conduct (MCC) came into effect, campaign by various political parties and candidates at constituency level has largely remained violence free, less noisy, less cluttered and intrusive, free of inducement and ostentatiousness.

3. Election Commission of India is broadly satisfied with the core functioning of conduct of peaceful, inducement free elections with enthusiastic participation of voters.

4. Peaceful voting in enthusiastic and festive sprit across the country till phase 4, especially in Manipur, Tripura, LWE areas, WB, Jammu and Kashmir, far flung and inaccessible areas show deep roots of democracy. Commission invites citizens to view glimpses of vibrancy of Indian elections in specially created photo gallery at it’s this link: https://www.eci.gov.in/ge-2024-photogallery

5. Commission has issued 63 press notes so far from the day of announcement as a measure of enhanced level of transparency.

6. So far, 25 delegations from 16 political parties have met the Commission to lodge their grievances/ complaints on alleged violations of Model code. Apart from this, many delegations have met at the level of Chief Electoral Officer in the States.

7. All political parties have been promptly allocated time even at short notice and their grievances patiently heard.

8. Approximately 425 major complaints, excluding canvassing related or clarificatory complaints have been filed by various political parties and candidates at the level of ECI and CEOs. Of these, action has been taken (or matter disposed) in 400 cases. Approximately 170, 95 and 160 complaints were filed by INC, BJP and Others respectively. Most of these complaints have been acted upon.

9. A few complaints of INC and BJP against each other are pending alleging violation of MCC inter alia broadly in the genre of divisive statements by top Star campaigners on communal, caste, regional language divide, or on sanctity of Constitution of India. In the past, the Commission has been issuing notices to individual leaders who had committed violations of MCC. Commission has adopted a new course with its advisory dated 01st March 2024 to Party Presidents/Chairpersons/General Secretaries of all recognised political parties urging them to ask their leaders/candidates/star campaigners not to make speeches/ utterances which are in direct or indirect violation of MCC. The Commission has taken a view that while the individual star campaigner/leader/candidate would continue to remain responsible for speeches made, the Commission will address Party President/Head of the political party, on case-to-case basis, as the Parties have prime responsibility to rein in their star campaigners from committing such violations. The purpose is to raise the accountability of the political party in compliance of MCC by all their cadres. Notices have been issued to presidents of both the parties in case of these pending complaints. Response from both parties has been received. Appropriate action on complaints/counter complaints is under examination/ consideration of the Commission.  Some prominent actions taken under MCC framework are given in following paras.

10. On INC complaint, CEO of Zila Parishad of a district in Haryana was transferred on receiving complaint for involvement in election campaign for a candidate.

11. On INC complaint of capturing of a polling booth and tampering of EVM in Dahod Parliamentary Constituency of Gujarat, re-poll was ordered and entire polling and police parties were placed under suspension, and concerned State authorities have been directed to initiate departmental proceedings against them.

12. On TDP complaint, the Commission censured President, YSRCP for violation of provisions of Model Code of Conduct and Commission’s advisories relating to unverified allegations.

13.  On complaint from Telangana Pradesh Congress Committee, President, BRS was barred for 48 hours from holding any public meetings, public processions, public rallies, shows and interviews and public utterances in media for making statements violating MCC during a press meet.

14. On complaints from BRS, a Minister in Telangana was censured for making unverified allegations and maligning the image of opposition party/leader.

15. On complaint of INC, a post from ‘BJP4Karnataka’ Twitter ‘X’ account was taken down on being found violative of MCC. A FIR was also registered in the matter.

30. Similarly, 2,31,479 permissions have been given on Suvidha portal as on May 14, 2024 leading to elimination of discretion in grant of entitlements by using FIFO (First-In-First-Out) and ease of election related facilitation for candidates / political parties.

31. Suo motu removal of officers holding dual charges as Principal Secretaries to Chief Ministers in six states namely Gujarat, Uttar Pradesh, Bihar, Jharkhand, Himachal Pradesh, and Uttarakhand, as they were holding charge of Home / General Administration department also. This was to distance election-related senior officers with control over DMs/DEOs/ROs and SPs, from Chief Minister’s offices.

32. Suo motu removal of DGP West Bengal as he was barred from election duty in previous elections also.

33. Suo motu transfer of non-cadre officers who were posted at leadership positions as District Magistrate (DM) and Superintendent of Police (SP) in four states namely Gujarat, Punjab, Odisha and West Bengal.

34. Suo motu transfer of officers in Punjab, Haryana and Assam because of their kinship or familial association with the elected political representatives.

42. The Commission has specifically taken a firm stand in the matter of dignity and honour of women by issuing notices to leaders of parties who made derogatory and offensive remarks against women.  The Commission went a step ahead in placing accountability on party chiefs/presidents for ensuring that their party leaders and campaigners do not resort to such disrespectful and derogatory comments.