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Synopsis

The Tamil Nadu Congress Committee (TNCC) has filed a writ petition before the Madras High Court, urging the Election Commission of India (ECI) to issue a notice and seek an explanation from Prime Minister Narendra Modi regarding his election campaign speeches.

Today, the plea was mentioned before the summer vacation bench of Justices A.D. Jagadish Chandira and R. Kalaimathi. The petitioner's counsel, A.P. Suryaprakasam, alleged that the High Court Registry declined to assign a number to the writ petition simply because it implicates the Prime Minister. However, the division bench advised Suryaprakasam to address the Registry's concerns and proceed with petition numbering.

In an affidavit filed on behalf of TNCC, its president K. Selvaperunthagai asserted that the Prime Minister purportedly incited communal sentiments. The affidavit specifies that the PM made derogatory remarks against Muslims in various campaign rallies starting from April 21.

The affidavit alleges, "BJP, fearing the eminent loss this Parliamentary Elections 2024, has been trying to win the election by hook or crook and has been indulging in divisive campaign of Hindu Nationalism".

The affidavit refers to PM Modi's public addresses in Rajasthan on April 21, in Gujarat on May 1, and an election rally conducted on May 2 in Gujarat.

"Mr. Modi’s speeches have been replete with fabrications and abusive language aimed at discrediting the Congress Party’s manifesto and its credibility without any iota of truth," the affidavit claims.

It further states that despite numerous complaints lodged with the ECI across the country urging action against PM Modi’s speeches, the Commission so far has issued only show cause notice to the BJP rather than directly addressing the PM. 

As per the affidavit, a representation dated May 1, 2024 was submitted by the TNCC to the Chief Electoral Officer, Election Commission of India, Fort St. George, Chennai to take immediate and decisive action to curb PM Modi's statements but to no avail, hence, TNCC moved the high court. 

The Committee has sought the high court's direction to the ECI to consider the representation submitted by it and to issue notice to PM Modi calling for his explanation on his speeches. 

The plea also seeks direction to ECI to restrain PM from making further "misleading and derogative" statements against the Congress Election Manifesto.

Case Title: Tamil Nadu Congress Committee  v. The Chief Electoral Officer, ECI and Another