In the ongoing assembly elections in Maharashtra and Jharkhand, the Election Commission of India (ECI) has taken cognisance of the complaints filed by both the Bharatiya Janata Party (BJP) and the Indian National Congress (INC). In separate communications to BJP President JP Nadda and Congress President Mallikarjun Kharge, the ECI has sought formal responses to the allegations raised by each party.


The commission has requested these replies by 1:00 PM on Monday, November 18, while reminding both parties about its advisory issued on May 22, 2024, during the Lok Sabha elections, urging campaigners to maintain decorum and comply with the Model Code of Conduct (MCC).


BJP Complaint Against Rahul Gandhi


A BJP delegation led by Union Minister Arjun Ram Meghwal, including party leaders Arun Singh, Shehzad Poonawalla, and Om Pathak, approached the ECI in New Delhi. The delegation expressed concerns over Congress MP and Leader of the Opposition (LoP) Rahul Gandhi's remarks at a Mumbai election rally on November 6.


The BJP demanded an FIR against Gandhi under Section 353 of the Bharatiya Nyaya Sanhita (BNS), alleging habitual violations. 


Rahul Gandhi's remarks included accusations that jobs for five lakh youths were being shifted from Maharashtra to Gujarat and allegations against the BJP-RSS of attempting to destroy the Constitution. He also accused the BJP of prioritising certain states, referencing Apple iPhone and Boeing production.


At the rally on November 6, Rahul Gandhi alleged that Apple iPhones and Boeing airplanes were being manufactured in other states at the expense of Maharashtra, accusing the BJP of favouring certain states.  “These projects generate jobs for five lakh youths which were snatched from you and given to Gujarat,” he remarked. 


Slamming the BJP and the Rashtriya Swayamsevak Sangh (RSS), Rahul Gandhi had said, “There is a battle of ideology in the country. On one side is the BJP-RSS. On the other side is the INDIA alliance. On one side, there is Ambedkar ji's Constitution, which has unity, equality, love and respect. On the other hand, are the people of the BJP-RSS, who want to destroy the Constitution. But they (BJP-RSS) don’t say this openly because if they speak it openly then the whole country will stand against them.”


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Congress Complaint Against Narendra Modi, Amit Shah


The Indian National Congress (Congress) has filed a formal complaint with the Election Commission (EC) against Prime Minister Narendra Modi, accusing him of making "false, divisive, malicious, and slanderous statements" during campaign rallies for the Maharashtra State Assembly Elections 2024. In the memorandum, the Congress has alleged that PM Modi's remarks breached electoral conduct norms and violated existing laws.


The complaint focused on speeches delivered by PM Modi on November 8, 2024, during rallies in Nasik and Dhule, where he allegedly accused former Congress Prime Ministers—Jawaharlal Nehru, Indira Gandhi, and Rajiv Gandhi—of being opposed to the interests of Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Class (OBC) communities. Modi's comments, according to the Congress, suggested that the party’s leaders actively promoted division within these communities.


The memorandum cited Modi's statements: "On the one hand, Congress and its allies in J&K want to snatch rights of Dalits, Tribals and OBCs by demanding restoration of Article 370. On the other hand, they wave a blank red book in the name of the Constitution to hoodwink Dalits, Tribals, and OBCs in Maharashtra."


"The three former Congress PMs... were opposed to giving reservations to Dalits, Tribals, and OBCs... Rajiv Gandhi opposed reservation to OBCs."


The Congress claims that PM Modi's rhetoric sought to create religious and caste-based tensions. 


The grand old party also objected to PM Modi's 'Ek hai toh safe hai' remarks delivered in Solapur, Maharashtra, as he was quoted saying, "If the OBCs get divided into castes, Congress will get oxygen. Will you allow the Congress to succeed in this conspiracy? Ek hain, toh safe hain (If we are united, we are safe).”


At another event in Pune, PM Modi accused the Congress of aligning its stance on Article 370 with Pakistan's views and engaging in "appeasement politics."


The Congress demanded that the ECI take immediate steps, including conducting a detailed investigation and registering a criminal case against those involved in the BJP’s electoral campaign and imposing a ban on PM Modi from participating in any election-related activities for the remainder of the election period.


The Congress party also accused BJP's star campaigner and Union Home Minister Amit Shah of delivering “false, divisive, malicious, and slanderous statements” during a rally in Dhanbad, Jharkhand, on November 12. The Congress claimed Shah's remarks violated the MCC and the Representation of the People Act, 1951.


The complaint highlighted Shah's assertions that the Congress was against Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs) and supported terrorism. Shah also allegedly claimed the Congress aimed to deprive SC, ST, and OBC communities of their reservations to benefit a particular religious minority. Congress described these statements as attempts to stoke communal discord and consolidate votes along religious and caste lines. 


The Congress cited specific laws, including Sections 196, 197, and 299 of the Bharatiya Nyaya Sanhita, accusing Shah of promoting enmity, making assertions prejudicial to national integration, and deliberate acts to incite religious sentiments. The complaint also referenced a video of Shah's speech and related news reports.