Gujarat BJP files complain against Arvind Kejriwal with Election Commission

Ahmedabad, 8 March 2014

According to state BJP media cell release, Gujarat BJP president RC Faldu has filed complaint against AAP leader Arvind Kejriwal in election commission for his statements at a public meeting in Gandhidham on 6 March.

Arvind Kejriwal had in his Gandhidham public meeting said, “Gujarat mein ya to daraa dete hain yaa maar detein hain.” This statement according to BJP breaches not only the model code of conduct but also punishable under IPC. BJP has given audio tape to election commission with complain papers.

Full text of a letter written by state BJP president to EC

To,

1) The Election Commission of India
Nirvachan Sadan,
Ashoka Road, New Delhi.

2) The Chief Electoral Officer, Gujarat State,
Block No. 7, 2nd floor,
Sachivalaya, Gandhinagar.

Sub.: Unparliamentary and anarchic speech by Mr. Arvind Kejriwal on 6-3-2014 at Gandhidham.

Sir,

The Election has been declared by the Election Commission of India by virtue of declaration programme on 5-3-2014. The Election Commission has expressed its view to the effect that the Model Code of Conduct shall be applicable throughout the country from the date of declaration itself i.e. 5-3-2014.

It is submitted that Mr.Arvind Kejriwal who belongs to AAP which is a registered political party, visited Gujarat for his political intentions and more particularly propagating the issues of his election manifesto. On 6-3-2014 Mr. Kejriwal held a public meeting in Gandhidham and while addressing the said public meeting Mr.Kejriwal has used unparliamentary language while addressing the general public. Mr.Kejriwal made a statement as under:-

“Gujarat Me Ya to Dara dete hain ya mar dethe hain”.

Mr.Kejriwal was referring to Mr.Narenda Modi the Hon’ble Chief Minister of the Gujarat State.

Such a statement is an offense under the provisions of section 171-F and 171-G of the Indian Penal Code. In addition thereto the aforesaid statement is in violation of the provisions of the Model Code of Conduct as made applicable from 5-3-2014. Mr. Kejriwal has attempted to influence the election with a malafide intention by making false statements with a view to create hatred amongst the people and also create undue influence against a particular candidate and a particular political party. This action straight away invokes the provisions of the corrupt practice as contemplated in the Representation of People Act, 1951.

It is therefore submitted that person like Mr. Arvind Kejriwal should be put to strict notice by the Election Commission for restraining the same from undertaking any further actions which amount to any offence or corrupt practice. It is prayed that the Election Commission may kindly be pleased to peruse the copy of the videography performed by the Election Commission itself through its delegate team and may kindly be pleased to institute a criminal FIR against Mr. Kejriwal under the provisions of Chapter IXA of the Indian Penal Code read with the provisions of the Representation of Peoples Act, 1951 and the Model Code of Conduct.

Thanking you.
Sincerely,

(R. C. Faldu)
State President
Bharatiya Janata Party
Gujarat State

Encl. : Copy of the C.D obtained from the delegate of EC after payment of prescribed fee
dated 6-3-2014.