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Dated: October 28, 2013

To
The Election Commission of India
Nirvachan Sadan
New Delhi
Subject: Complaint against the Indian National Congress and Sh. Rahul
Gandhi MP, Vice President, Indian National Congress for violating
the Model Code of Conduct and for taking appropriate action against
both of them for the same and withdrawal of the recognition of
Indian National Congress as a National Party immedi ately.
Respectfully showeth:
1. That the elections to the states of Chhattisgarh, Madhya Pradesh, Mizoram,
Rajasthan and Delhi are scheduled to be held in the months of November-
December. The Election Schedule for the same was announced by the Election
Commission on 4-10-2013. Accordingly, the Model Code of Conduct came into effect
immediately on the declaration of the election schedule.
2. That on 23-10-2013, Sh. Rahul Gandhi MP, Vice President of Indian National
Congress addressed rallies in Churu and Kherli in Rajastan as part of the
campaigning by the Congress for the said elections. In these rallies, Sh. Gandhi
made certain false and baseless allegations against the members of the Bharatiya
J anata Party and made communal utterances, thereby inciting communal feelings of
people of different communities, with the motive of obtaining maximum number of
votes for his party. Some of the said utterances of Sh. Gandhis speech in Churu are
reproduced herewith for your kind perusal:
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3. That the video recordings of the said speeches were published by the Indian
National Congress on its official website www.aicc.org.in as well as its official
Youtube channel http://www.youtube.com/user/indiacongress and its official
Facebook page https://www.facebook.com/IndianNationalCongress. The said part of
Sh. Gandhis speech was also shown by various national and regional news
channels.
4. That Paragraph 1 (1) to (3) of the Model Code of Conduct is as follows:
"(1) No party or candidate shall indulge in any activity which may aggravate
existing differences or create mutual hatred or cause tension between
different castes and communities, religions or linguistic.
(2) Criticism of other political parties, when made, shall be confined to their
policies and programmes, past record and work. Parties and candidates shall
refrain from criticism of all aspect of private life, not connected with the public
activities of the leaders or workers of other parties. Criticism of other parties or
their worker based on unverified allegations or distortion shall be avoided.
(3) There shall be no appeal to caste or communal feelings for securing votes.
Mosques, Churches, Temples or other places of worship shall not be used as
forum for election propaganda."
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5. That the allegations and utterances of Sh. Gandhi against the BJ P are not
only absolutely false and baseless but also highly inflammatory, inciting and likely to
induce communal feelings amongst different communities. The entire tone and tenor
of Sh. Gandhis speech was to incite communal hatred and tension between Hindu-
Sikhs and Hindu-Muslims and make an appeal for votes in favour of Congress on the
basis of communal sentiments. A conscious attempt has been made by Sh. Gandhi
to mislead the public by trying to discredit the BJ P by making absolutely false,
baseless, unfounded allegations against the BJ P and its leaders, which is also
against the very spirit of the Model Code of Conduct as well as healthy democratic
practices.
6. That the allegations and utterances in the speech have not been withdrawn by
Mr. Gandhi till date. This inflammatory speech is a clear violation of the Model Code
of Conduct and, accordingly, Sh. Gandhi is liable to be proceeded against for the
same.
7. That Paragraph 16A of the Election Symbols (Reservation and Allotment
Order), 1968 is as follows:
16A. Power of Commission to suspend or withdraw recognition of a
recognised political party for its failure to observe Model Code of
Conduct or follow lawful directions and instructions of the
Commission. Notwithstanding anything in this Order, if the Commission is
satisfied on information in its possession that a political party, recognised
either as a National Party or as a State Party under the provisions of this
order, has failed or has refused or is refusing or has shown or is showing
defiance by its conduct or otherwise (a) to observe the provisions of the Model
Code of Conduct for Guidance of Political parties and Candidates as issued
by the Commission in J anuary, 1991 or as amended by it from time to time, or
(b) follow or carry out the lawful directions and instructions of the Commission
given from time to time with a view to furthering the conduct of free, fair and
peaceful elections or safeguarding the interests of the general public and the
electorate in particular, the Commission may, after taking into account all the
available facts and circumstances of the case and after giving the party a
reasonable opportunity of showing cause in relation to the action proposed to
be taken against it, either suspend, subject to such terms as the Commission
may deem appropriate, or withdraw the recognition of such party as the
National party or, as the case may be, the State party.
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8. The Indian National Congress, a recognised national party, has also not
disassociated itself with the allegations made by its Vice President till date. On the
contrary, the Indian National Congress has actively endorsed the speeches by
publishing them on its official website and social web pages. Therefore, it has also
further violated the Model Code of Conduct and, therefore, is also liable to be
proceeded against under Para 16A of the Election Symbols (Reservation and
Allotment) Order, 1968 and its recognition as a National Party is liable to be
withdrawn immediately.
9. That on many earlier occasions also the Indian National Congress and its
leaders have violated the Model Code of Conduct during elections and have given
speeches and appeals on communal lines. The instances of Model Code violations
by Congress leaders is increasing rapidly with every election. Not only this, more and
more senior Congress leaders are found to be violating the Model Code of Conduct.
A few recent instances are mentioned here:
a. On 9-1-2012, Sh. Salman Khurshid, Congress Leader & then Law
Minister violated the Model Code of Conduct during the Uttar Pradesh
elections, for which he was censured by the Election Commission vide
its order dated 9-2-201.
b. On 15-2-2012, during the same elections, Sh. Beni Prasad Verma,
Congress leader & Union Steel Minister violated the Model Code of
Conduct by making as appeal on communal lines in his speech at
Kayamganj. Upon notice by the Election Commission, he tendered his
apology and the proceedings were dropped by the Election
Commission hoping that he shall be careful in future.
c. In Feb-March, 2012, Sh. Rajarapu Prathap, Congress Candidate, along
with Congress MPs Sh. Siricilla Rajaiah and Sh. Balaram Naik, made
an appeal on the basis of religion during the Andhra Pradesh elections,
for which he was reprimanded by the Election Commission vide its
order dated 15-3-2012.
d. On 21-10-2012, Sh. Kadir Pirzada. Member Core Committee, Gujrat
Unit of Indian National Congress made inflammatory speech inciting
communal hatred during the Gujrat Elections, for which he was
cautioned by the Election Commission vide its order dated 6-11-2012.
e. On 31-10-2012, during the same elections, Sh. Shankarsinh Vaghela,
Congress Leader & Union Minister made inflammatory utterances
inciting communal hatred, for which he was cautioned by the Election
Commission vide its order dated 23-11-2012.
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10. That even while declaring the Election Schedule for the forthcoming Assembly
Elections on 4-10-2013, the Election Commission specifically emphasised and drew
the attention of political parties to paragraph 1 (3) of the Model Code of Conduct,
which states that no appeal shall be made to caste or communal feelings for
securing votes. However, the Indian National Congress and its leaders are flouting
the code with impunity time and again.
It is, therefore, respectfully prayed that appropriate action may kindly be taken
against the Indian National Congress and Sh. Rahul Gandhi MP, Vice President,
Indian National Congress for violating the Model Code of Conduct and the
recognition of Indian National Congress as a National Party may kindly be withdrawn
immediately.
Thanking you,
&
With Regards,
Yours Sincerely,
(Mukhtar Abbas Naqvi) (Dharmendra Pradhan) (Prakash Javedekar)
(Satya Pal Jai n) (Smt. Nirmala Sitharaman) (Smt. Pinki Anand)