Former Madhya Pradesh CM Kamal Nath Moves Apex Court against EC’s Decision to Revoke his ‘Star Campaigner’ Status in MP by-polls
(Judicial Quest News Network)
Senior Congress Leader, President of MPCC, former CM of Madhya Pradesh Kamal Nath has moved Supreme Court against Election Commission’s decision taking away his ‘star campaigner ‘status in MP by-polls.
The plea filed by Advocate -on-Record VKC Law Offices and drafted by Advocate Varun K Chopra (lawyer for Kamal Nath) and Gurtej pal Singh states that the decision of the ECI took on October 30 is illegal, arbitrary and unreasoned.
Sating that the Commission had received complaints from Bhartya Janta Party (M.P) and also from the Chairperson, National Commission for Women that Shri Kamal Nath Leader of the Opposition in Madhya Pradesh Legislative Assembly, have used the word “Item “for a women candidate.
It is further stated that for repeated violations of Model Code of Conduct and for Completely disregarding the advisory issued to him, the Commission hereby revokes the statues of leader of political party (Star Campaigner) of Kamal Nath, Ex- Chief Minister, Madhya Pradesh, with immediate effect for the current by-elections of Legislative Assembly of Madhya Pradesh.
“The order is passed in Complete violation of basic canons of natural justice and in negation of fairplay and therefore, deserves to be quashed. Further, no notice has been issued to the petitioner with regard to the impugned order in complete violation of principles of natural justice
– Reads the plea
Kamal Nath in his plea states that ECI had already passed an order on October 26 on the same complaint by BJP and had advised the congress leader to not use such words.
Kamal Nath plea lists out the incidents wherein the “leaders of Bhartiya Janata Party have been repeatedly y making statements e—face in violation of MCC during the period of campaigning for the by-elections. However, no such action has been taken against such persons by the respondents (ECI).
The petition has raised several questions of law including t10.10.2020 for the Current by-elections to the Legislative Assembly of Madhya Pradeshhe Petitioner is the former Chief Minister of Madhya Pradesh and is currently the President Madhya Pradesh Congress Committee. The Petitioner is 9 times Member of Parliament and former Union Minister. The Petitioner was one of ‘star campaigners’ in the list submitted by the Indian National Congress to Respondent No. 1 on 19.10.2020 for the current by-elections to the Legislative Assembly of Madhya Pradesh 2020.
WHETHER the fundamental right of freedom of speech and expression guaranteed under Article 19(1)a to the Petitioner has been abrogated by the Respondent No.1?
WHETHER restriction on speech and expression, that too in a manner that is arbitrary and contrary to natural justice, restrains the free exchange of ideas to the voter for making an informed choice and thus negates the fundamental right of the Petitioner to have freedom of speech and expression and the fundamental right of voters to know?
WHETHER the fundamental rights guaranteed under the Constitution of India and in particular Articles 19 and 21 of the Constitution of India are non-negotiable?
The petitioner has raised these grounds in his plea
The Petitioner is preferring the instant writ petition on the following grounds among others: no notice has been issued to the Petitioner with regard to the impugned Order in complete violation of principles of natural injustice. Tthe Respondent No.1 has not framed any specific guidelines for speeches during election campaigns which can be followed and relied upon by the stakeholders concerned.
The impugned Order is illegal, arbitrary, unreasoned, passed in complete violation of basic canons of natural justice and in negation of fairplay and therefore, deserves to be quashed.
It was imperative to issue Notice with regard to the instance dated 13.10.2020 to the Petitioner before taking any punitive action against the Petitioner in compliance with principles of natural justice.
The petitioner in his prayer asked the Court to Pass appropriate Orders staying the Order dated 30.10.2020 issued by the Respondent No.1 until the final disposal of the present Petition.
