Wednesday, 4 April 2012
Memorandum to the State Election Commission
NCT of Delhi
We are grateful to the Hon'ble Election Commission of NCT Delhi for giving us the time to meet the Commission and submit our memorandum on a sensitive issue.
The MCD Election Campaign has commenced. The model code of conduct issued by the Election Commission of India has been adopted by you for the purposes of election to MCD. Para 3 of the Model Code of Conduct States that there shall be no appeal to caste or communal feelings for securing votes. Moreover Sec 22(3) of MCD -- "corrupt practices" – states that the Systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion will constitute a corrupt practice.
In the backdrop of the above provisions, we draw your kind attention to media reports (copy of Times of India Delhi edition April 3, 2012—page 5 enclosed for ready reference) highlighting an election speech of Shri Jai Prakash Aggarwal where he is reported to have called upon the Muslim voters to vote en bloc lest they should hurt their own interests. His speech is quoted to say that "Muslims should not split their votes and weaken their influence. They are sensible enough to choose their leader. However, they must not allow split in votes". Usually such appeals are made in ignorance by religious leaders like Imams in Friday gatherings. Here the state head of a responsible political party has put on a similar garb and appealed to the core sentiments of voters who happen to be Muslims.
Since his speech comes under the definition of corrupt practice as in Sec 22 of the DMC Act, his speech ipso facto becomes punishable with imprisonment upto 3 years or with fine or both, under Sec 153(b)(1)(c) of the Indian Penal Code.
We therefore appeal to you to initiate the filing of a FIR and prosecution of the Delhi PCC president, Shri J.P. Agarwal under the said provisions of the IPC. The UT Election Commission should also consider restraining Shri J.P. Agarwal from further participating in the MCD election. We also request you to issue a show cause notice to the Delhi Pradesh Congress Party seeking why the symbol allotted to that party should not be withdrawn.