Election Commission MP Yogi Adityanath for violating the model code of conduct

NEW DELHI: The Election Commission on Thursday pulled up BJP leader and Gorakhpur MP Yogi Adityanath for violating the model code of conduct by making communal remarks at a public meeting in Noida. Noida is due for an assembly by-poll on September 13.

Besides reprimanding him to be more careful in the future, the Commission ordered registration of an FIR against the BJP MP under Section 125 of the Representation of Peoples' Act and under various provisions of the IPC, if not done already.

The poll watchdog, in its order, also took objection to Adityanath's choosing to reply to the EC through his advocate and not directly, and addressing his reply to "who so ever it may concern" rather than to EC.

"...in the Commission's view, it would have been more appropriate if the reply was sent under your signature or the authority letter was addressed to ECI, a Constitutional body...", the EC told Adityanath in its order.

The Commission rejected the clarification furnished by Yogi Adityanath through his advocate, that his speech, in totality "was aimed at the objective of complete religious harmony". It recalled that the CD of his speech showed that he had invoked religion and made appeal on ground of religion to secure votes for his party. "The said speech had the effect of provoking feelings of enmity and hatred between different classes of citizens on grounds of religion...and aggravating differences...between castes and communities," said the EC order.

"..You have violated the provisions of MCC as mentioned in the Commission's notice dated 9th September, 2014....the Commission reprimands you to be more careful in the future in making public utterances during election speeches and avoid any further violation of the model code of conduct," ruled the poll panel.

EC shot off a simultaneous letter to UP CEO asking if an FIR had been registered against Yogi Adityanath. "If not, then the concerned district authorities should be directed to file a case under Section 125 of the RPA and Section 153A, 295 and 505 of the IPC," it said.

In its notice served on Adityanath on September 9, EC had found his remarks at Noida prima facie violative of sub para 1 (cautioning parties against aggravating communal hatred), sub para 3 (no appeal to communal feelings for securing votes) and sub para 4 (promotion of communal hatred to further propspects of candidate) of Para 1 of MCC.

http://ift.tt/1l2HqE9 Yogi Adityanath,Election Commission

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