Congress replies to EC notice on ‘corruption rate card’ campaign

In its reply, filed by noted lawyer and senior Congress leader Abhishek Singhvi, the Congress pointed out that the EC with its “vast powers of superintendence, could have chosen to investigate the allegations, evidence of which is available in the public domain but has instead chosen to go after the party that is shedding light on the rampant corruption plaguing the people of the state”.

“This proactive zeal seems to be reserved solely for the opposition, as we have through numerous detailed, documented and numbered representations sought to bring to the Commission’s attention the brazen, shocking, egregious, heinous and repeated violations of almost every single electoral guidelines by Narendra Modi, Amit Shah, J P Nadda, (Yogi) Adityanath as well as other BJP leaders. Yet not one show-cause notice has been issued for these deliberate violations. Forget pursuing criminal proceedings, not one condemnation or censure has been issued to name and shame these individuals by the Commission,” the Congress said.

As for the notice, the Congress said the political advertisement which is under scrutiny has neither mentioned the BJP nor any person or candidate. “Our reference to the ‘40% Sarkara’ is supported by evidence which is readily available in the public domain and has been covered over the last one year in all leading newspapers in Karnataka as well as on television and neither the BJP nor the Bommai government has taken action,” it said.

The Congress argued that one BJP MLA who “publicly spoke about Chief Minister’s post being sold for Rs 2,500 crore has been renominated as a candidate by the BJP…Even the Contractors Association of Karnataka, comprising of 50,000 contractors, has publicly stated about the 40% commission being demanded by the Bommai government and have even named a number of BJP legislators and the amount taken in bribes…The School Association representing 40,000 private schools…has openly spoken about the 40% commission being demanded by BJP government …Dingaleshwar Swamiji of the Math at Gadag, Karnataka, has openly spoken about the 30% commission being demanded by the Bommai government for the release of grants for the Math,” it said.

The Congress said it would “collate” the “said evidence” and present them before the EC “provided that we are given reasonable time and an in-person hearing”.

The Congress reply, interestingly, mentioned 11 complaints that it had filed before the EC against BJP leaders and against “a political advertisement brought out by the BJP where it was alleged that Congress would divert funds sent for citizens”.

Prime Minister Modi, the Congress said, in his campaign speeches has made “widespread and outrightly false remarks against the Congress, including accusing it of supporting terrorists. “His colleagues have accused congress of supporting the PFI and threatened the state with communal riots. These are just the tip of the iceberg…If the ECI chooses to ignore heinous and shocking instances of hate speech, direct and unconcealed religious invocations to seek votes, statements that are defamatory to an unprecedented level of malice, statements that are false, known to be false, and which are not just likely, but deliberately designed to prejudice the peaceful and fair conduct of elections, then it cannot adopt a different standard in a case where a genuine concern has been voiced by another party,” the Congress said.

The actions of the EC during the present elections, the Congress alleged, are “prima facie violative of the Articles 14 and 21 of the Constitution of India, which provide a fundamental guarantee against arbitrariness in administrative action as well as against bias, official acts of mala fide, violations of natural justice and which provide the most vital guarantee of equality.”

“To put it plainly, we are left with no option but to regretfully state that that the ECI can never allow itself to be seen as an organisation that on the one hand turns a Nelsonian blind eye to egregious violations by the ruling party and its high post holders, and on the other is seen as unfortunately tilting at windmills as far as the members in the opposition space are concerned, including the Congress,” the party said in its reply.

“This treatment of the Election Commission is not only violative of the Fundamental Guarantees of the Constitution, but it directly violates the concept of equality before the law and the conduct of ‘Free and Fair’ elections,” it said.