New Delhi: With the Congress accusing Prime Minister Narendra Modi of violating the legislation by issuing appeals to Karnataka voters via social media in the course of the “silence period”, sources within the Election Commission on Tuesday stated such appeals made outdoors the polling space don’t come underneath the ambit of the present legislation. The legislation, as exists, prohibits the act “in any polling area” solely, they stated.
They additionally stated the events alleging violation of Section 126 of the Representation of the People Act via the usage of social media have themselves put up quite a lot of such posts even on their official social media handles. Section 126 particularly doesn’t cowl the usage of social media or intermediaries in the course of the silence interval. It additionally doesn’t cowl violations outdoors the ballot space, the sources stated.
Section 126 of the Act restricts the general public show of election matter within the polling space in the course of the “silence period” thereby limiting its software solely to the show of election matter within the polling space, they stated.
“Silence period” is for 48 hours ending with the time fastened for conclusion of polls. In case of Karnataka, it started at 6 pm Monday. They stated the ballot physique had in 2019 proposed an modification to this specific part to incorporate “dissemination” of any message associated to polls in order that it covers such cases as effectively. The proposal is, nevertheless, nonetheless into consideration of the federal government.
Since there is no such thing as a vacuum within the legislative framework — as there’s an current legislation within the type of part 126 of the RP Act which governs the house — the case to be used of plenary powers by the fee underneath Article 324 of the Constitution can also be not clearly made out, they stated.
ALSO READ – Karnataka: Congress Seeks EC Action Against PM Modi For ‘Silence Period’ Violation
They additionally referred to a discover issued to Congress chief Rahul Gandhi in the course of the 2017 Gujarat meeting polls which was later withdrawn. The ballot panel had re-examined the problem after the Congress gave a illustration.
The fee had then stated that as a result of multi-fold growth of digital and digital media, the extant Model Code of Conduct, Section 126 of the RP Act and different associated provisions require revisiting to cater to the requirement and challenges of the current and rising conditions. They stated that at the very least six tweets have been put up by leaders of events with appeals to voters in the course of the silence interval.
Making a robust pitch for the return of the BJP authorities in Karnataka a day earlier than the meeting polls, Prime Minister Modi stated on Tuesday the love he has obtained within the state over the previous few days has been unparalleled, and it has strengthened the resolve to make it primary throughout all sectors. He additionally sought their blessings within the mission to make the state the primary within the nation.
“Dream of every citizen of Karnataka is my dream. Your resolve is my resolve. When we come together and set our minds to a goal, no force in the world can stop us,” he stated in a video message on social media.
Earlier within the day, the Congress on petitioned the Election Commission looking for fast motion towards Prime Minister Modi for his appeals to Karnataka voters “in violation” of the legislation, and stated it was “a litmus test” for the ballot physique’s capability and willingness to implement guidelines.
In a prolonged grievance to the chief election commissioner, Congress basic secretary in command of Karnataka Randeep Surjewala requested the fee whether or not it is going to stay a “mute and helpless spectator” or fulfil its constitutional responsibility and act towards the prime minster.
Â
