The Election Commission on Sunday issued a showcause notice to Aam Aadmi Party leader Arvind Kejriwal over his alleged remarks in Amethi that any vote cast in favour of the Congress and the BJP will be “treachery against God and the country”.
Giving him time till Tuesday to respond to the notice, the Commission said from the statement it had emerged that prima facie he violated provisions of the Model Code of Conduct.
The notice was issued on a complaint filed by the BJP which attached a copy of the statement spoken by Kejriwal at a public meeting on May 2 in Amethi. The AAP leader, who is contesting from Varanasi lok Sabha seat, during his campaign in Amethi said, “If any person in Amethi votes for the Congress, then don't feel bad (for the remarks) he will commit treachery against the country. ... Have I said something wrong ... am I saying too much ... I once again say even if a single vote is cast to the Congress or the BJP, then you will commit treachery against God and country.”
Following the complaint, the poll panel decided to seek explanation from Kejriwal and provided him with a copy of the CD carrying his alleged remarks.
Under Section 171C of Indian Penal Code 'undue influence' i.e. any direct or indirect interference or attempt to interfere by any person with the free exercise of any electoral right is an electoral offence and, further, sub section (2) whereof makes it clear that whoever induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure shall be deemed to have committed the offence of 'undue influence.'
The notice issued by the EC said, “The Commission is, prima facie of the opinion that by making the aforesaid statements you have violated the above said provisions of the Model Code of Conduct.”
The Commission reminded him that sub para (3) of para 1 of the Model Code, provides that there shall be no appeal to caste or communal feelings for securing votes. At the same time, sub para (4) further provides that all political parties and candidates shall avoid scrupulously all activities which are ‘corrupt practices and offences under the election law’.