EC rejects plea for criminal action against Modi

Chennai:

Election Commission has rejected a petition seeking legal and criminal
action against Prime Minister Narendra Modi for failing to provide
information about his spouse income, Income Tax returns and PAN
details.

The Election Commission has stated before the High Court that the
petitioner Varaaki’s request to take appropriate legal and criminal
action against Modi under section 125A of the Representation of People
Act 1951 and also under 153 A of Indian Penal code is ‘not tenable.’

Election commission stated that the provision of 153 A of Indian Penal
Code is not at all attracted in such cases as this section provides as
to what would amount to promoting enmity between different groups or
grounds of religion, race, place of birth, residence, language and
doing such acts prejudicial to maintenance of harmony and quantum of
punishment for such offences.

Also rejecting the contention of the petitioner of not providing
information about his spouse in his affidavit, Election Commission
told the court that the Supreme Court has categorically mentioned that
if there is no information to be furnished against any item,
appropriate remarks such as ‘Nil’ or ‘Not applicable’ or ‘Not Known’
as may be applicable must be indicated in such column.

“No column should be left blank. If a candidate fails to fill the
blanks even after the reminder by the returning officer, the
nomination paper will be liable to be rejected by the returning
officer at the time of scrutiny of nomination papers,” Election
commission said.

Acting chief justice of Madras High Court Satish K Agnihotri and
Justice M M Sundaresh said that in the light of the Election
commission letter dated june 5, 2014, where in the representation
dated April 20, 2014 has been considered and disposed, nothing
survives for adjudication in the petition. This petition is closed.