Model Code violation alleged against BJP’s Vinod Tawde: What this means

What is the allegation against Vinod Tawde?

BVA leader Hitendra Thakur and spokespersons of other political parties, including the Indian National Congress, have taken issue with Tawde’s presence in Virar, a coastal city in Maharashtra. Tawde told reporters he visited the hotel for an indoor meeting with party workers for the upcoming vote.

BJP’s national spokespersons said in a press conference in Delhi on Tuesday that Tawde was at the meeting as the party’s general secretary, to monitor and counter any violations by Opposition parties on Wednesday.

What is the Model Code of Conduct provision that opposition parties referred to?

The Election Commission of India issues a Standard Operating Procedure (SOP) for the 72 hours before an election.

It states: “During the course of campaign in General Election to Legislative Assemblies, the political parties mobilize their supporters, including from outside the constituency of poll, in order to bolster that campaign. In view of the fact that after the closure of campaign period, no campaign can take place within the constituency, presence of political functionary’s/party workers/procession-functionaries/ campaign-functionaries etc., who have been brought from outside the constituency and who are not voters of his/her constituency, should not continue to remain present in the constituency as their continued presence after campaign ends may undermine the atmosphere for free and fair poll.”

It further says that the district election administration/police administration shall ensure that all such functionaries leave the constituency immediately after the campaigning period is over. It adds that the restriction may not be insisted for the office bearer of the political party, who is in-charge of the state. Such an office bearer should declare his place of stay in the state headquarters and his movement during the period in question must remain confined normally between his party office and place of his stay, it adds.

The Commission has further instructed the local administration to check community halls and other places where such people can be housed, including verification of lodges and guesthouses to track their occupants. It also directed setting up checkposts at the constituency borders and tracking vehicular movement from outside the constituency. These instructions should be brought to the notice of political parties and candidates for compliance.

What has been done so far in this incident?

The Election Commission has filed an FIR against Tawde and two other FIRs, including one against BVA workers. The FIR has been filed under sections of the Representation of the People Act and Bhartiya Nyaya Sanhita.