New Delhi, May 9: The Congress on Tuesday petitioned the Election Commission seeking immediate action against Prime Minister Narendra Modi for his appeals to Karnataka voters "in violation" of the model code, and said it was "a litmus test" for the poll body's capacity and willingness to enforce laws.

In a lengthy complaint to the chief election commissioner, Congress general secretary in charge of Karnataka Randeep Surjewala asked the commission whether it will remain a "mute and helpless spectator" or fulfil its constitutional duty and act against the prime minster.

"Do the laws apply to prime minister or not and if ECI has the capacity and willingness to enforce such mandate or remain a helpless bystander? Truly a litmus test for ECI," Surjewala asked in a tweet.

The Congress also raised objections to various comments made by Home Minister Amit Shah, BJP president J P Nadda and other senior BJP leaders.

"One thing is extremely clear...(they) consider themselves above the law and the Constitution and presume that the ECI is either intimidated by the high offices they hold or that the ECI is too weak to act against them or hold them accountable for blatant and repeated violations of the model code...as well as various other electoral laws," the party wrote to the poll panel.

The Congress raised objections to Prime Minister Modi's appeals to the voters of Karnataka after the campaign ended Monday evening and said these were "flagrant and defiant violations" of the model code of conduct. The polling will be held on Wednesday.

Making a strong pitch for the return of the BJP government in Karnataka a day before polling, Prime Minister Modi said in one of his appeals that the affection he received in the state over the last few days has been unparalleled and it has strengthened the resolve to make it the number one across all sectors.

In its complaint, the Congress said, "...with all humility that this is a litmus test for this Hon'ble Election Commission of India (ECI) to exercise its constitutional duty under Article 324 of the Constitution of India and hold those in power accountable. The alternative is clear. They will be no level-playing field and instead there will be 'free for all', with those in power never being held accountable either to the ECI or to the rule of law."

"An unwritten but accepted norm would be that the ECI's mandate extends only to opposition parties and not to the PM and his colleagues," it charged.

Sharing the complaint on social media, Surjewala said, "Our Complaint to ECI on flagrant and defiant violations by Prime Minister Modi urging them to take action or be historically remembered for inaction and diluting the authority of ECI forever."

The party said the prime minister issued two video messages to Karnataka voters since the campaign ended -- one after 11 pm on Monday and another Tuesday.

"If Prime Minister flouts electoral laws and code of conduct for elections with impunity, brazenly and in utter disregard of ECI directives...if Prime Minister flouts the 'silence period'...if Prime Minister attempts to influence voters for electoral gains during the prohibited period, should the ECI remain a mute and helpless spectator or act on its constitutional duty...," Surjewala tweeted.

Forty-eight hours before the end of polling are considered the silence period.

The party demanded that the Election Commission initiate appropriate proceedings against Modi, Shah, Nadda, Uttar Pradesh Chief Minister Yogi Adityanath and the BJP.

"It may be mentioned that if convicted under Section 126 of the Representation of People Act, 1951, these leaders will stand disqualified from their respective membership in the Parliament as well as the legislative assembly," according to the Congress complaint.

"We hope the commission treats this matter with the attention that it deserves and initiates immediate action to take the issue forward," the complaint sent to the CEC said.

In his appeals, Prime Minister Modi sought blessings of the people of Karnataka in the mission to make the state the number one in the country.

"Dream of every citizen of Karnataka is my dream. Your resolve is my resolve. When we come together and set our minds to a goal, no force in the world can stop us," he said on Twitter.

In an appeal to "brothers and sisters" of the state, he sought their blessings in the mission of making Karnataka the number one state in the country, Modi said.

"My appeal is for the bright future of Karnataka. It is for the bright future of your family, especially the younger generations," he said.

Asked about the prime minister's appeal, Congress leader Abhishek Singhvi said, "I have stopped talking about MCC violation, but one should ask who are the accused for violating the MCC. If the prime minister is violating the model code, then one should not even talk about it as nothing will happen and no notice will be issued. Even if we take our delegation, it will be kept pending and no action will be taken."

"The writing on the wall is known to them. They know they are losing. They know we are forming the government.... Everything you hear and say are signs of desperation.... So, please believe me when I say, all this is shadow boxing," he said.

On another question on whether there was any bias, he said, something must be done but something cannot be done with constitutional institutions. "They are the ones who have to act. We have gone, I have led delegations (to EC) more than once in the recent past."

"...it is a sad state where such one-sided systems are functioning in the heat of the election, completely one sided and, I think, it is very important for this hallowed institution to restore its status by taking concrete action on a level basis, on a non-uneven basis," Singhvi told reporters.

The Congress has alleged that the Election Commission did not act on its multiple complaints demanding action against BJP leaders. It has also accused the EC of "bias" and treating the opposition party and the ruling dispensation differently.

Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.



Bengaluru, Mar 6 (PTI): The Karnataka Assembly on Thursday passed the Bangalore Palace (Utilisation and Regulation of Land) Bill, reaffirming state ownership over 472 acres and 16 guntas of land here, amid protests by the opposition BJP.

During the discussion, Karnataka Law and Parliamentary Affairs Minister H K Patil said the state government would have to provide Rs 200 crore worth of Transfer of Development Rights (TDR) for each acre of land, which means that for 15 acres, Rs 3,000 crore worth of TDR would be issued.

“If we accept it, then this 2-km stretch of road will become the costliest road in the world. If we accept it then how are we going to develop the city in later stages? How will you carry out development works?” asked Patil.

He also pointed out that this question was raised not only under the Congress government but also during the previous BJP regime.

However, the BJP-led cabinet has opposed the project.

ALSO READ: Budget session: Law Min. HK Patil introduces Microfinance bill in Karnataka assembly

“Suppose we agree to it then, what will be the valuation of the 472 acres? It will be lakhs and lakhs of crores of rupees. Can we accept?” Patil wondered.

The Minister said the government had previously exercised its executive powers to issue an ordinance, which was approved by the Governor. Now the government is bringing a bill with two amendments.

“In this bill, we have made provisions either to develop or drop the road development work,” Patil explained.

However, BJP state president B Y Vijayendra and BJP MLA Arvind Bellad opposed the move, alleging that the government was targetting Yaduveer Krishna Datta Chamaraja Wadiyar, the scion of the Mysuru royal family, and the BJP MP from Mysuru-Kodagu constituency out of political vendetta.
“We talk of 472 acres of Mysuru Maharaja but here there are many Maharajas who too own 400 acres, 500 acres and thousands of acres of land, which is known to everyone,” Bellad said.

He slammed the Congress government, saying political power should not be misused for personal vendetta.

“Why (the then Deputy Chief Minister) Siddaramaiah brought the law in 1996 pertaining to the Bangalore Palace? Why are you setting eyes on the Bangalore Palace?” he asked.

Vijayendra charged that Wadiyar won the election on BJP ticket so the state government realised that it should acquire it.

“This bill has been brought for political vengeance. We are not discussing whether Rs 3,000 crore is exorbitant or not but the moment Yaduveer became MP, the state government woke up. You should be ashamed. This house should not be used for political vendetta,” he said.

Intervening, Minister Priyank Kharge said Vijayendra should not have raised it because the intention behind building the road was noble.

According to him, the BJP too had the same plan when it was in power.

He sought to know whether thousands of crores of rupees be spent on a road which should have cost significantly less.

In response, BJP MLA B A Basavaraj (Byrathi) said issuing TDR will not be a burden on the state government and appealed to the ruling Congress to reconsider its stance.

Minister Ramalinga Reddy too explained that the Karnataka government acquired the entire land way back in 1996.

The Mysuru royal family went to the High Court, which gave ruling in favour of the state government. The royal family then approached the Supreme Court, where the case is still going on, the Minister pointed out.

“The final judgment is pending in the SC to decide whether the acquisition was right or wrong. If the SC says it’s the royal family’s property then let it be so. If the order is in the state government’s favour then we can take a decision. The bill is only about it,” Reddy explained.

Speaker U T Khader then called for a voice vote and the bill was passed by the Assembly amidst opposition BJP’s discontent.

Get all the latest, breaking news from Karnataka in a single click. CLICK HERE to get all the latest news from Karnataka.