Whereas, the Commission has carefully gone through the contents and advertisements made in the aforesaid letter dated l1th April 2019 of Ms. Mayawati, wherein she has inter-alia accepted that in her speech a special mention was made to the minority community of Muslims to vote in a consolidated manner in favor of the candidate of coalition parties.
Whereas, it is a fact that Sh. Hazi Fajal-ur-Rehman, who belongs to the Muslim community is the candidate fielded by the BSP and other coalition parties from Q1-Sharanpur PC, where the impugned statement was made by Ms. Mayawati.
Whereas, the Commission has again seen the video recording of her impugned speech and is convinced that she has made a highly provocative speech which has the tone and tenor to aggravate existing differences or create mutual hatred between different religious communities, and thus violative of aforesaid provisions of Model Code of Conduct.
Whereas, the Commission is also of the view that Ms. Mayawati, in her impugned speech, has appealed to secure votes on religious lines that tantamounts to violation of provisions of para 3 and para 4 of part I oGeneral Conduct’ of “Model Code of Conduct, for the guidance of Political Parties and Candidates” which specify that:-
‘(3) There shall be no appeal to caste or communal feelings for securing votes…..
(4) All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offenses under the election law, such as bribing of voters, intimidation of vote(s….’; and that she has disobeyed the Hon’ble Supreme Court’s judgment made in Civil Appeal No 37 of 1992 (Abhirarn Singh vs C. D. Commanche and others), witli Civil Appeal No.8339 of 1995.
Now, therefore, the Commission, without prejudice to any OrderA{otice issued or to be issued in the matter relating to MCC violations to her, hereby, strongly condemns the impugned statements made by her during election campaign held at Deoband, Saharanpur and censures Ms. Mayawati. National President Bahujan Samai Party for the above said misconduct. The Commission, order Article 324 of the Constitution of India and all other powers enabling in this behalf, bars her I’m-om holding any public meetings, pr-public processions, public rallies, road shows. interviews, public utterances in media (electronic, print, social media), etc. in
connection with ongoing elections for 48 hours from 06:00 am on 16tl’ April.