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Dt. 13.04.2014
To,
1) The Election Commission of India
Nirvachan Sadan,
Ashoka Road, New Delhi.
2) The Chief Electoral Officer, Gujarat State,
Block No. 7, 2nd floor,
Sachivalaya, Gandhinagar.
Sub.: Vulgar and insulting comments against women by Mr. Madhusudan Mistri.
Sir,
1. The General elections 2014 are in progress and all the political parties and their respective
candidates have been fielded in each of the constituencies. Mode Code of conduct has been
made applicable through out the country. During this period, one of the candidates of the
Indian national congress party, i.e. Mr. Madhusudan Mistri, who has filed his nomination
from 20-vadodara, Gujarat, have been making all the statements in contravention to the
provisions of the model code of conduct and against the provisions of the representation of
Peoples act 1951 as also the Indian Penal Code.
2. It is submitted that Mr. Madhusudan Mistri, have crossed all the permissible limits and
restrains under the law by making loose and vulgar statements which directly is against
the credibility and the dignity of women as a whole. Mr. Madhusudan Mistri has made a
statement as follows:
“first of all she should get the medical examination done and then say that there is
good news”.
This statement has been made in pursuance of the question asked by a media person to
him that as per the statement of Mrs. Sushma Swaraj, there are all chances of good news
what is his response to the said statement. While responding to the same he has made
afore mentioned statement.
This statement is vulgar and is intended to tarnish the image of a woman who herself is an
elderly person. Not only that the said statement is derogatory and against the dignity of the
women fraternity as a whole. The election commission specifically provides that no person
shall make any statements that would lead to corrupt practices and at the same time there
shall be no appeal on the grounds of caste, creed, community, religion, sex, gender, etc.
… 2 …
… 2 …
3. The aforesaid statement is absolutely in contravention to the provisions of the model code
of conduct and is also an offence in light of Section 125A [and also section 123(3) and
123(3a)] of the representation of people act 1951. It is also an offence within the meaning
of section 153A, 153B, 295A and 505(2) of the Indian penal code apart from the other
relevant provisions under chapter-IX of the Indian penal code.
4. In context of the aforesaid violations of the penal provisions of law by Shri Madhusudan
Mistri it is required to be brought to the notice of the election commission that the state
authorities concerned have not acted with the requried alacrity and even FIRS have not
been filed, wherever call for, against the abovementioned political leader. In view of the
said the state machinery is soft pedaling in taking requried action agaisnt Mr.Mystri so that
his undesirable activites could have been property and effectively checked.
5. It is therefore prayed that while exercising the powers under article 324 of the
constitution on india and all other powers enabling in this behalf, that the election
commission may kindly be pleased to
A. Necessary FIR’s may be filled against Mr. Madhusudan Mystri and criminal proceedings
shall be initiated agaisnt the same.
B. No permission should be grantd for holding any public meetings, public processions, public
rallies, road shows, etc by the district administration authorities, where the above
mentioned leader is expected or likely to participate and
C. All preventive measures shall be taken against the same under the relevant provisions of
section 107 to 110 and 144 of crpc. to ensure that no acto of commission or omission is
resorted to by him this has the effect of prejudicially affecting the public tranquility and
law and order.
Thanking you.
Sincerely,
(R. C. Faldu) (Parindu Bhagat)
State President Convener, Election Legal Cell
Gujarat State Gujarat State
Bharatiya Janata Party Bharatiya Janata Party
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