Supreme Court has put a stay on the Election Commission order removing Congress leader Kamal Nath from the list of star campaigners.
The Election Commission had on October 30 taken note of an alleged breach of “ethical and dignified behaviour” and revoked Kamal Nath as the star campaigner in Madhya Pradesh.
The Election Commission lawyer said since the election is tomorrow, the plea is infructuous.
However, since the plea also seeks Supreme Court verdict on law to be laid down on whether ECI can decide on who can be leader of party under Section 77 RP Act, Supreme Court has agreed to hear the matter.
The CJI asked Election Commission, “Where do you get the power to determine who will be the leader of a political party under Section 77? You have no power.”
While hearing the matter on Monday, Supreme Court said prima facie EC didn’t have the power remove a star campaigner. In turn, EC argued that it acted under the Model Code of Conduct.
Supreme Court has asked EC to file a reply to Kamal Nath’s petition. Senior Advocate Kapil Sibil appeared for Kamal Nath.
The poll panel had said in its order, “…for repeated violation of Model Code of Conduct and for completely disregarding the advisory issued to him, the Commission hereby revokes the status of leader of political party (Star Campaigner) of Kamal Nath, Ex-Chief Minister, Madhya Pradesh, with immediate effect for the current Bye-elections of Legislative Assembly of Madhya Pradesh.”
Kamal Nath moved Supreme Court against the EC order and apart from revoking of the order, he also sought framing of appropriate guidelines for speeches during campaigning by star campaigners or campaigners, “keeping in mind the right to freedom of speech and expression and concept of democratic elections”.
The EC’s order against Nath concerned two comments. He made a comment against Chief Minister Shivraj Singh Chauhan on October 13 and then on October 18, Nath had said at a rally in Gwalior the Congress candidate was a simple man, unlike his opponent who is an ‘item’. The Bharatiya Janata Party (BJP) has Imarti Devi as candidate from the Darba seat in Gwalior in the by-elections.
Congress had submitted a list of 28 star campaigners to the Election Commission for MP by-elections on October 19.
