Violation of model code of conduct: ECI transfers complaint against Uddhav Thackeray to chief electoral officer of Maharashtra

ECI asks Maharashtra's electoral chief to consider action against Uddhav Thackeray for violating model code during Mumbai polling. Court penalties not applicable for such violations.

Mumbai: The Election Commission of India (ECI) has asked S Chockalingam, the chief electoral officer of Maharashtra, to decide whether any action is required to be taken against Shiv Sena (UBT) chief Uddhav Thackeray for allegedly violating the model code of conduct on polling day in Mumbai for the Lok Sabha elections.

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The model code of conduct is a set of guidelines issued by the ECI to regulate political parties and candidates to ensure free and fair polls.

The Bharatiya Janata Party (BJP)’s Mumbai president, Ashish Shelar, had filed a complaint with the ECI and sought action against Thackeray for holding a press conference hours before polling ended on May 20. Thackeray had slammed the ECI at the press conference after several voters complained about long queues and slow pace of polling at many booths in the city. The 63-year-old accused the ECI of bias and improper conduct, claiming that voter document checks were being disproportionately conducted in certain localities.

Taking cognisance of Shelar’s allegations, the ECI had asked for the translation of Thackeray’s comments, which were made in Marathi, to ascertain whether he violated the code of conduct. Chockalingam submitted the transcript of the statements to the ECI early last week.

“We have received the letter from the ECI on May 30 asking us to take ‘necessary action’. We will look into the complaint and report submitted by the authorities and take a call after due process,” said Kiran Kulkarni, additional chief electoral officer, Maharashtra.

According to officials, cases of violation of the code of conduct are not enforceable in courts with specific penalties. Some cases are booked using multiple sections of various laws, including the Indian Penal Code, Criminal Procedure Code, and Representation of People’s Act, and the penalty is imposed accordingly. “Cases like [the one against Thackeray] are suspended in due course,” the officer said.