Trinamool Cong writes to Election Commission about PM Modi's model code 'violation'

The Trinamool Congress has complained to the Election Commission alleging that PM Narendra Modi has not followed the model code of conduct by using central government funds for campaigning. The Model Code of Conduct officially came into force for the 2024 Lok Sabha elections on Saturday (March 16). PM Modi is the BJP candidate from Varanasi and as per Trinamool, he violated the model code of conduct after he wrote a message to all electorates highlighting his government’s programmes on March 16. 

In a letter to the chief election commissioner, Trinamool Rajya Sabha MP Derek O'Brien said the message reached the electorate on March 16, after the model code of conduct came into force.

He said PM Modi has purportedly written the message in the form of a letter to the voters on March 15.

O’Brien wrote, “It has come to our attention that the Prime Minister, Mr. Narendra Modi, has purportedly penned a letter dated 15.03.2024 which has been addressed to “My dear family member”, wherein, he has highlighted various programmes/schemes initiated by the BJP-led Central Government over the past decade. The said letter has been mass-circulated through WhatsApp directly to various citizens across the country.”

“Shockingly, Mr Modi’s letter is accompanied by a message which reads as follows: “This letter has been sent by the Government of India under the leadership of Hon’ble Prime Minister Narendra Modi Ji. In the last 10 years, more than 140 crore citizens of India have directly benefited from different schemes of the Government of India and will continue to benefit in the future”. Admittedly, the message clarifies that the Government of India is sending the message under the aegis of Mr. Modi, who is also a contesting candidate set up by the BJP from the Varanasi Lok Sabha constituency,” he added.

O’Brien claimed: “Therefore, in no uncertain terms, this is a blatant admission that Mr. Modi and the BJP is using the Central Government’s revenues to reach out to the electorate to discuss BJP’s programmes/schemes. Though the aforesaid letter is dated 15.03.2024, it has been circulated and received by the electorate on 16.03.2024 after the Model Code of Conduct came into effect on and from at 3:00 PM. Therefore, the same is a clear violation of the MCC and it disregards the guidelines set forth by the ECI. Copies of the said letter dated 15.03.2024 along with the message sent by the Government of India are collectively enclosed herewith.”

In this regard, it is stated that Chapter 6 of the Manual of Model Code of Conduct (Publication of Advertisements at the Cost of Public Exchequer) clearly lays down that, “Government advertising shall maintain political neutrality and avoid glorification of political personalities and projecting a positive impression of the party in power or a negative impression of parties critical of the government”. The same has been notified by the Election Commission of India on the basis of the Supreme Court’s guidelines in Common Cause v. Union of India reported in (2015) 7 SCC .1 Hence, no government can publish and circulate biased advertisements/messages in favour of a political party at the cost of public exchequer during enforcement of MCC.”

The MCC comes into force from the date the election schedule is announced until the date that results are out. As a result, it will kick in from today evening and will remain in effect until the election process is concluded. The code contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.