Code violation: Election Comission not OK with CM Arvind Kejriwal's reply

NEW DELHI: The Election Commission on Friday conveyed its concern to Delhi chief minister Arvind Kejriwal for having violated the model code of conduct in the run-up to the assembly elections by distributing pamphlets that appealed for votes on grounds of religion.

In a rather delayed order on a complaint filed by Rajouri Garden resident Harish Khurana, the commission held that it was not satisfied with Kejriwal's reply, received on December 7, denying any violation of the model code.

Kejriwal, who had in the pamphlet distributed at Rajouri Garden in November appealed to Muslims to vote for AAP, told EC that it was part of an exercise for maintenance and promotion of communal harmony and unity and not meant to create communal hatred or tension.

He said his averments-projecting AAP as a secular and honest alternative vis-a-vis a "communal" BJP, and cautioning Muslims not to be "misled by those deceiving them for the last 65 years"-were made the basis of Sachar Committee report of 2006, Rangnath Mishra Commission's report and on the facts said to be established by various judicial pronouncements.

The EC, in its order, held that "notwithstanding the averments made by you (Kejriwal) to justify the contents of the pamphlets, the fact remains that you have made an appeal in that pamphlet to a particular religious community for securing votes for in favour of your party, which, the commission considers, is violation of the sub-para (3) of Para I of model code of conduct" This provision of the model code says, "There shall be no appeal to caste or communal feelings for securing votes."

The EC ruled that "having regard to the totality of facts and circumstances of the case and submissions and contentions made by you in your reply under reference, the commission hereby conveys its concern, and cautions you to be more careful in election campaigns of your party in future".

The EC had issued a notice to Kejriwal on Khurana's complaint in November and asked him to reply by November 25, and later extended the deadline to November 27.

Though a reply was submitted by Kejriwal on November 27, it was signed by Pankaj Kumar Gupta, AAP national secretary. The commission took a serious view of the fact and directed Kejriwal to send a reply signed by himself, latest by December 6.

Kejriwal finally sent the reply on December 7. However, with the EC getting busy with counting and declaration of results, and thereafter with rolls revision ahead of Lok Sabha polls, the order was issued only on Friday.