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27Th February, 2017 to Hon'ble Chief Election Commissioner Of 27th February, 2017 To Hon’ble Chief Election Commissioner of India Election Commission of India Nirvachan Bhavan New Delhi. Subject: Violation of Model Code of Conduct in Uttarakhand by Shri Narendra Modi ji – non filing of FIR – reg, Respected Sir, At the outset, we would like to convey our sincere thanks for providing an opportunity to our delegation to meet you despite your very busy schedule. As you might be aware, during the election campaign in Uttarakhand, Shri Narendra Modi Ji held a public rally in Haridwar on 10th February, 2017 without requisite permission of the Election Commission and thus violated the Model Code of Conduct of the Commission. On bringing it to the notice of Chief Election Officer of Uttarakhand and other authorities, a show cause notice was issued and since the BJP has failed to convince the Election Commission through its reply, the Commission has filed an FIR against the Haridwar Unit of BJP. In this connection, we would like to submit that breach of Model Code of Conduct was committed by Shri Modi ji himself, amongst others, FIR should be filed against the perpetrator himself amongst others who committed the breach of MCC. It is also pertinent to mention here that on 12th February, 2017, a Road Show was held by Congress Vice President, Shri Rahul Gandhi Ji, in which Shri Harish Rawat, Chief Minister of Uttarakhand had also participated with prior permission of the Election Commission. As the route of the road show was long covering 4-5 assembly constituencies in Haridwar District, a large number of people gathered along the road side to see their leaders causing a little inadvertent delay in concluding the road show. On a complaint filed by BJP, the Election Commission has filed an FIR against the Congress Vice President as well as the Chief Minister of Uttarakhand for violating the MCC. Even an FIR was filed against our PCC President, Shri Kishore Upadhayay and our Election Incharge Kumari Selja ji, merely on the ground of holding press conference. Page 1 of 3 In this context, we would like to submit that there should not be two yardsticks in filing of FIR. If Election Commission has filed an FIR against the Congress Vice President and the Chief Minister of the state merely on the ground of delay in concluding the road show, which was inadvertent otherwise, and for which prior permission was already taken from the appropriate authority, similarly FIR should also be filed against Shri Narendra Modi Ji, Shri JP Nadda, Shri Ramesh Pokhriyal Nishank, Madan Kaushik and other BJP leaders who addressed/participated in the election rally on 10.2.2017 for breach of MCC which can be clearly seen from the material available in public domain (see https://youtu.be/eha9j8dpwbU). In addition to above, we would also like to bring to your kind notice that the BJP has grossly misused the central government agencies and spent thousands of crores rupees in Uttarakhand elections through widespread use of print and electronic media, unchecked chartered flights/choppers roaming in Uttarakhand during elections and used to fetch money and materials to influence voters in large scale. A large number of hoardings, cut outs, flaxes, etc. were used by the BJP and a huge unaccounted sum was spent on it without requisite permission of election commission. We would like to bring to your notice that the choppers and cars of Chief Minister were searched many times in Uttarakhand whereas the choppers and cars used by various Central Ministers were allowed to roam unchecked. The whole matter is required to be investigated. One more thing we would like to bring to the notice of Election Commission of India relating to provisions of postal ballot. As per the extant provisions, the time and date of receipt of postal ballot is fixed i.e. upto 8.00 am on the date of counting. However, the time and date is not fixed and casting of votes through postal ballot can be casted even after the designated date of voting. Recently the Supreme Court of India has banned all opinion/exit polls till the voting of last phase of elections so that the election process may not get influenced by the trend shown in such opinion/exit polls. Similarly, we would like to suggest that ECI make a provision to restrict the voting through postal ballots to the date and time fixed for a particular parliamentary/assembly constituency. After the voting is over in a particular constituency, casting of votes for that particular constituency may not be allowed. Therefore, all the postal votes casted after 15th February, 2017 (i.e. the date of voting in Uttarakhand) may not be counted in this election and in future elections also. In view of above facts and circumstances, we urge upon your goodself to kindly intervene in the matter and; Page 2 of 3 (i) immediately instruct the State Election Commission to file an FIR against Shri Narendra Modi Ji, Shri J P Nadda, Shri Ramesh Pokhriyal Nishank (MP), Shri Madan Kaushik (local candidate) and other BJP leaders and BJP candidates who addressed/participated in the election rally. (ii) Direct an investigation into the pumping of crores of rupees of unaccounted cash during election by the BJP. (iii) Ensure that no postal votes be counted which were cast after the designated time of 5.00 pm on 15.2.2017. Thanking you. Yours sincerely, (Ambika Soni) (Harish Rawat) (Kishore Upadhayay) General Secretary, AICC Chief Minister President, PCC, I/c Uttarakhand Uttarakhand Uttarakhand (Sanjay Kapoor) (Indira Hridyesh) (Sarita Arya) Secretary (co-I/c Uttarakhand) Minister, Uttarakhand President AICC Pradesh Mahila Congress (Tahir Hussain) President Pradesh Congress Committee (Minority Cell) Page 3 of 3.
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