New Delhi (ILNS): A writ petition has been filed by Congress Leader and former Chief Minister of Madhya Pradesh Kamal Nath before the Supreme Court challenging the order of the Election Commission of India, delisting him as star pracharak of his party, alleging it as illegal and in violation of his and INC’s Constitutional & statutory rights.
Kamal Nath has challenged the Order of Oct 30, of the Election Commission whereby his name was removed from the list of ‘star campaigners’ of the Indian National Congress on the ground of repeated violation of Model Code of Conduct and advisories of the ECI.
He submits that the impugned Order is illegal, arbitrary, unreasoned, passed in complete violation of basic canons of natural justice and in negation of fairplay and therefore, deserves to be quashed. Further, no notice has been issued to him with regard to the impugned Order in complete violation of principles of natural injustice.
He further submits, the impugned order is completely unreasoned and passed without the application of mind as such the order is non-speaking and bereft of any reasoning.
“The fundamental right of freedom of speech and expression guaranteed under Article 19(1)a to the petitioner has been abrogated by the Respondent No. 1/Election Commission of India and therefore, the present impugned Order is liable to be quashed,” avers the plea.
Model Code of Conduct has been in force for 12 Districts of Madhya Pradesh since 29.09.2020 when the schedule for by-elections to 28 seats in the Madhya Pradesh Legislative Assembly, which are to be held on 03.11.2020 was announced by the ECI.
In its three-page Order the ECI said, Kamal Nath is “breaching the ethical and dignified behaviour” and his status of leader of political party (star campaigner) was being revoked for repeated MCC violations and for completely disregarding the advisory issued to him.