Election Panch Complain

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  • Dt. 13.04.2014

    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.: Vulgar and insulting comments against women by Mr. Madhusudan Mistri.

    Sir,

    1. The General elections 2014 are in progress and all the political parties and their respective

    candidates have been fielded in each of the constituencies. Mode Code of conduct has been

    made applicable through out the country. During this period, one of the candidates of the

    Indian national congress party, i.e. Mr. Madhusudan Mistri, who has filed his nomination

    from 20-vadodara, Gujarat, have been making all the statements in contravention to the

    provisions of the model code of conduct and against the provisions of the representation of

    Peoples act 1951 as also the Indian Penal Code.

    2. It is submitted that Mr. Madhusudan Mistri, have crossed all the permissible limits and

    restrains under the law by making loose and vulgar statements which directly is against

    the credibility and the dignity of women as a whole. Mr. Madhusudan Mistri has made a

    statement as follows:

    first of all she should get the medical examination done and then say that there is

    good news.

    This statement has been made in pursuance of the question asked by a media person to

    him that as per the statement of Mrs. Sushma Swaraj, there are all chances of good news

    what is his response to the said statement. While responding to the same he has made

    afore mentioned statement.

    This statement is vulgar and is intended to tarnish the image of a woman who herself is an

    elderly person. Not only that the said statement is derogatory and against the dignity of the

    women fraternity as a whole. The election commission specifically provides that no person

    shall make any statements that would lead to corrupt practices and at the same time there

    shall be no appeal on the grounds of caste, creed, community, religion, sex, gender, etc.

    2

  • 2

    3. The aforesaid statement is absolutely in contravention to the provisions of the model code

    of conduct and is also an offence in light of Section 125A [and also section 123(3) and

    123(3a)] of the representation of people act 1951. It is also an offence within the meaning

    of section 153A, 153B, 295A and 505(2) of the Indian penal code apart from the other

    relevant provisions under chapter-IX of the Indian penal code.

    4. In context of the aforesaid violations of the penal provisions of law by Shri Madhusudan

    Mistri it is required to be brought to the notice of the election commission that the state

    authorities concerned have not acted with the requried alacrity and even FIRS have not

    been filed, wherever call for, against the abovementioned political leader. In view of the

    said the state machinery is soft pedaling in taking requried action agaisnt Mr.Mystri so that

    his undesirable activites could have been property and effectively checked.

    5. It is therefore prayed that while exercising the powers under article 324 of the

    constitution on india and all other powers enabling in this behalf, that the election

    commission may kindly be pleased to

    A. Necessary FIRs may be filled against Mr. Madhusudan Mystri and criminal proceedings shall be initiated agaisnt the same.

    B. No permission should be grantd for holding any public meetings, public processions, public rallies, road shows, etc by the district administration authorities, where the above

    mentioned leader is expected or likely to participate and

    C. All preventive measures shall be taken against the same under the relevant provisions of section 107 to 110 and 144 of crpc. to ensure that no acto of commission or omission is

    resorted to by him this has the effect of prejudicially affecting the public tranquility and

    law and order.

    Thanking you.

    Sincerely,

    (R. C. Faldu) (Parindu Bhagat)

    State President Convener, Election Legal Cell Gujarat State Gujarat State

    Bharatiya Janata Party Bharatiya Janata Party