Can Prime Minister Narendra Modi be disqualified after the polling?

A candidate in Kerala was disqualified by the High Court for violating section 123 of the RPA Act by mixing religion with politics in his poll campaign.

The Kerala High Court in its judgment held, “Candidates cannot tell the electors that their rivals are unfit to act as the representatives of the people on the ground of their religion…”.

Six days after the Prime Minister Narendra Modi mixed religion with politics in his widely reported speech at an election rally in Wardha on April 1, the Election Commission of India appears to be unable or unwilling to issue even a warning, as it has done in the case of UP chief minister Yogi Adityanath and the Niti Ayog Vice Chairman Rajiv Kumar.

In his Wardha speech the Prime Minister had said :

• The Congress insulted Hindus…people have decided to punish it in the election. Leaders of that party are now scared of contesting from constituencies dominated by majority (Hindu) population. That is why they are forced to take refuge in places where the majority is a minority.
• Congress used the term ‘Hindu terror’…It labelled the peace loving Hindus as terrorists…is there a single incident of Hindu terrorism ?

The Prime Minister followed it up with a tweet carrying a similar message. The comments had been widely criticised as wholly unbecoming of a Prime Minister. Ironically, from time to time he has

gone on record to state that ‘there should be no space for those who misuse religion for political motives and promotes separatism’.

The RPA Act describes attempts to divide individuals on religious lines as a corrupt practice, which is sufficient ground for the disqualification of a candidate.

It is worth recalling that Indira Gandhi had been disqualified by the Allahabad High Court on the technical ground of her election agent, who had resigned from Government service, not having been relieved before he began functioning as the election agent for her.

Prime Minister Modi’s transgression is far more serious and observers feel that even if the Election Commission refuses to take any action, his election can be challenged in court and he would be liable for disqualification.

Even the Supreme Court in a landmark decision in 2017, ruled, “ An appeal in the name of religion, race, caste, community or language is impermissible under the Representation of the People Act, 1951 and would constitute a corrupt practice sufficient to annul the election in which such an appeal was made…”

The Supreme Court had ruled that such an appeal would be deemed a corrupt practice regardless whether the appeal was in the name of the candidate’s religion or the religion of the election agent or that of the opponents or that of the voters.

But the complaints against the PM have not even been docketed on the Commission’s website till Saturday Noon (see screenshot).

In a memorandum submitted to the Election Commission on Friday evening, Indian National Congress reminded the Commission that “ this is not a candidate who will be silenced by a simple censure”.

The only available remedy compatible with the principle of zero tolerance towards allegations of corrupt practices, is the

disqualification of the candidates who try to create a divide between different classes of the citizens of India…, the memorandum added.