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BJP moves local court against Eshwarappa, hearing deferred
On April 10, the BJP had filed its complaint to the Election Commission to bar the leader from using Modi’s photo in his campaign
The Shivamogga civil court on Tuesday deferred the hearing on Bharatiya Janata Party’s (BJP) plea against rebel leader KS Eshwarappa for using Prime Minister Narendra Modi’s photo during election campaigning, to Wednesday, according to people familiar with the matter.
They said that the BJP’s district unit had on Monday approached the Shivamogga civil court seeking a restraining order against former deputy chief minister Eshwarappa, who used Modi’s photo for poll campaigning despite filing nomination from the Shivamogga constituency as an independent candidate.
The petition filed by BJP’s district unit president TD Megharaj, has alleged that the rebel leader has been using both Modi’s photo and name to solicit votes during his public meetings though only an official BJP candidate is permitted to use the photo during election campaigning. Any unauthorised use by others would violate Section 29 of the Representation of the People Act, he said.
Megharaj said, “We will not allow any candidate other than party officials to use the portrait of Narendra Modi. It is misleading voters. I hope Eshwarappa, a senior leader of the BJP and fan of Modi, will withdraw his nominations.”
The city civil court deferred the hearing to Wednesday as the rebel leader’s advocate sought more time to appear with counsel, who is from Bengaluru.
Speaking to the media, Eshwarappa said, “There is no ground for any disciplinary action against me, and I am not swayed by such threats. My goals resonate with Prime Minister Narendra Modi’s vision. Just as I stand against the dynastic politics of Congress leaders Sonia Gandhi and Rahul Gandhi at the national level, my objective is to free the BJP in the state from the Yediyurappa family.”
On April 10, the party had filed its complaint to the Election Commission to bar the leader from using Modi’s photo in his campaign. In its complaint, the BJP said, “To our utter shock and surprise, an independent candidate from Shivamogga, KS Eshwarappa, has been misleading the public that he is contesting on behalf of Narendra Modi and BJP leaders. He portrays that he is a part of the BJP, which is incorrect.”
The rift between the BJP and Eshwarappa began when the party denied to give poll ticket to his son KE Kanthesh from the Haveri constituency and instead fielded former chief minister BS Yediyurappa’s son BY Raghavendra.
Eshwarappa accused the former chief minister of reneging on a promise to give his son a ticket. Referring to Yediyurappa and his sons — Raghavendra and BY Vijayendra, Eshwarappa said, “I am contesting this election to free the BJP from the control of ‘father and sons.’”
Union home minister Amit Shah had recently called Eshwarappa asking him to withdraw his candidature. However, he refused the requests. On April 13, state BJP president BY Vijayendra said, “We are dissatisfied with KS Eshwarappa’s decision to contest as a BJP rebel from Shivamogga. Despite requests from senior leaders to withdraw his nomination, he has chosen to enter the fray. The party will take suitable action against the former minister for his actions.”
He further said that Eshwarappa’s alleged remarks against the party and the Yediyurappa family “will only strengthen our BJP candidate and incumbent MP, BY Raghavendra. The people of Shivamogga will surely teach Eshwarappa a lesson”.
Responding to the party’s stand, Eshwarappa said, “Why would Vijayendra consider disciplinary action against me when I am contesting outside the party’s framework? I have distanced myself from the BJP.”
He also commented on Vijayendra’s understanding of independent candidature and said, “Vijayendra doesn’t seem to grasp what it means to contest as an independent candidate.”
Expecting an action by the BJP on the matter, Eshwarappa on April 6 filed a caveat with the court regarding the use of Modi’s portrait in his campaign. A caveat is a legal notice that informs the court that a particular party should be given a chance to present their side efore any orders are passed.
On April 12, he filed his nomination papers as an independent candidate from Shivamogga. After submitting his paper, he said that around 25,000 to 30,000 people from all eight constituencies of Shivamogga came “to support him as he filed his nomination”.
He said during his campaign he would enlighten voters about the alleged injustices he faced and the purported stranglehold of the “father-son duo” over the party. “Our supporters will do a door-to-door campaign as to why a loyal supporter of BJP is hurt and what kind of injustice the father-son did. They will go to every single house and tell the injustice served to Hindutva, and why the party is under father-son. I have confidence that the party will get purified after the elections,” he said.
While 14 segments in the southern part of the state will see polling on April 26, the second phase of voting in the northern districts will be held on May 7.
