The District Election Officer (West) has sent a damning report to the Election Commission of India (ECI) on AAP convener Arvind Kejriwal’s poll rally in Uttam Nagar on Sunday, which was reportedly organised without permission. The report also held Kejriwal responsible for committing the offence of bribery (under Section 171 B of Indian Panel Code (IPC) and 123 (1) of the Representatives of People Act 1951, punishable under Section 116 of IPC.
Irked by his “bribe remark,” made at a poll rally on Sunday, the Congress and the BJP have requested the ECI to take action against Kejriwal for stating that Delhiites should take money from both the Congress and the BJP but should vote only for his party. The District Election Officer, in his report, pointed out that this is a violation of Section 28/29 of the Delhi Police Act that prohibits holding of rallies without permission.
The officer has also held Kejriwal responsible for violation of abetment (under Section 108 of IPC), for committing the offence of bribery. Further, criticism of other parties or workers based on unverified allegation or distortions, which should have been avoided as per the Model Code of Conduct guidelines, also puts the AAP convener in a tough spot.
It further stated that permission for the said rally was granted for 3 pm, however, as per the report of the SHO (Uttam Nagar) it started at 1.30 pm. By the time district team arrived there, the rally was already over. “Holding rally before the approved time was a clear violation of MCC. For this, a notice has been issued to DCP (West) to explain the reasons for not stopping the commencement of rally before the allotted time,” it said.
In a complaint to Chief Election Commissioner HS Brahma and Election Commissioner Nasim Zaidi, the Congress said that Kejriwal in his January 18 rally at Uttam Nagar had stated, “People from both parties will come to offer money, do not refuse, take it… If no one comes forward to give you money, go to their offices and ask them to give it to you in their office… accept the money from both, but vote only for the broom.”
The Congress said that by making such a statement Kejriwal had deliberately and intentionally instigated the public to take bribe for voting and has thereby abated the offence of bribery during the electoral process. The complaint said that the language used was also defamatory and causes serious aspersions on the fair conduct of the elections by the authorities and public at large.
The complaint said, “This statement made by him is also in clear violation of the Model Code of Conduct. It is totally derogatory and scandalising… He has maligned the democratic institution and the process. This statement cannot simply be described as irresponsible but has to be viewed with utmost seriousness and gravity to even take criminal action against him for the purity of electoral process.”
Congress chief spokesperson Ajay Maken, who is also heading the party’s campaign committee, said Kejriwal’s statement clearly shows he has not respect for democratic processes in the country. “He has insulted the Delhiites. He should immediately tender a public apology.” The BJP also lashed out at Kejriwal with its New Delhi MP lekhi saying he was questioning the authority of the EC.