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Synopsis

In the Delhi High Court, a plea was lodged, seeking the disqualification of Narendra Modi from elections for a span of six years due to the alleged promotion of disharmony and enmity. Advocate Anand S Jondhale, initiated the plea asserting that he had encountered a speech delivered by Modi in Pilibhit, Uttar Pradesh, on April 9, 2024, wherein Modi solicited votes for his party.

Advocate Jondhale maintained that Narendra Modi urged voters to endorse his party by invoking Hindu and Sikh deities and places of worship. He further highlighted, "Respondent No.2 also stated that he developed Kartarpur Sahib Corridor and removed GST from material used in Langars served in Gurudwaras. The Respondent No.2 also said that he had brought back the copies of Guru Granth Sahib from Afghanistan". 

Advocate Jondhale further asserted, "Respondent No.2 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".

It was argued that such actions by Narendra Modi contravene the Model Code of Conduct, specified in the Compendium of Instructions Volume-III under Rules ‘General Conduct-I (1) and (3)’. These rules prohibit activities that may exacerbate existing differences or incite tension between different religious or linguistic communities, and they forbid appeals to caste or community sentiments to secure votes. Additionally, religious places such as mosques, churches, temples, or gurudwaras should not be utilized for election propaganda. 

Advocate Jondhale asserted that Narendra Modi's actions constitute an offence under Section 153A of the Indian Penal Code and warrant disqualification under the Representation of the People Act, 1951. Furthermore, it was contended that Modi continues to deliver similar divisive speeches across India, even while traveling in government aircraft and helicopters. These speeches have the potential to inflame hatred among voters along caste and religious lines, necessitating prompt action from the Election Commission of India (ECI).

A complaint was also lodged by the Advocate Jondhale on April 10, 2024, with the Election Commission of India (ECI), urging for the registration of a First Information Report (FIR) against Narendra Modi under Section 153A of the Indian Penal Code and his disqualification from elections for six years under the Representation of the People Act, 1951. However, as of now, no action has been taken by the ECI.

Considering that the election schedule for India has been announced, with the first voting date set for April 19, 2024, Advocate Jondhale emphasized the urgency of immediate action. 

Case Title: Anand S Jondhale v Shri Rajiv Kumar Chief Election Commissioner Of India & Anr