The Hindu : National : A violation of code: EC

Online edition of India's National Newspaper
Friday, May 14, 2004

National

National

A violation of code: EC

By J. Venkatesan

NEW DELHI, MAY 13 .The Election Commission in a unanimous order has held that the distribution of saris to electors on April 12, when the election process was in motion in the Lucknow Lok Sabha seat from where the Prime Minister, A.B. Vajpayee, contested the poll, was a violation of the model code of conduct by the BJP.

In its order, the full commission said that it "strongly disapproves" of such violation of the code by the BJP but said it did not wish to pursue the matter further. The order noted that pursuant to the incident, which claimed 22 lives, the Commission had registered a case against Mr. Tandon under Section 171 (B) of the Indian Penal Code and under the provisions of the Representation of the People Act.

In response to the show cause notice, the BJP replied that the party did not violate the code and the distribution of saris by Mr. Tandon did not amount to bribery or a corrupt practice under Section 123 (1) of the RP Act as there was no inducement to any person to vote in a particular manner, which was a necessary ingredient of bribery.

Rejecting the submission, the Commission said reports in the media indicated that a large number of women were gathered on the occasion to get free saris. If information had reached them and they were mobilised to be present on the occasion, "it is difficult to believe that the BJP leaders and functionaries were totally oblivious of such a function being arranged".

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