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\F" Election Commission of lndia

Frctqq sqlNIRVACHAN SADAN

or{il*. rls, T{ ffi - 110 ool

ASHOKA ROAD, NEW DELHI . 1'IO OO1

Dated: tlth APril, 2014.No. 464lUP-HP 12014

ToThe Chief Secretary,Government of Uttar Pradesh,

Lucknow.

Subject:-

Sir,

I am directed to state that the commission has been observing with serious

concern that Shri Azam Khan, Minister in the Government of Uttar Pradesh, and Shri Amit Shah'

Leader of the Bharatiya Janata party, have been making highly inframmatory speeches during the

course of the current erection campaign for generar etection to the House of the People from the

state of Uttar pradesh. These statements are, inter alia, promoting feelings of enmity, hatred

and iil-wifi and creating disharmony between different religious communities on the ground of

religion. Further, these provocative statements being made by them are highly prejudicial to the

maintenance of harmony behrueen different religious communities and also likety to disturb peace

and public tranquiltity. The above apart, these statements and public utterances by the

aforementioned two poriticat [eaders are being made with deriberate and malicious intention of

outraging the religious feelings and religious betiefs of different classes of citizens of India'

These impugned speeches and public utLerances are not only viotative of the provisions of Model

code of conduct, but also constitute serious offences under various provisions of law' like'

section 125 land arso section 123(3) and 123(3A)l of the Representation of the People Act, 1951,

sections 153A, 1538, 295A and 505(2) of the Indian Penat code' apart from the relevant

provisions of the State laws.

General Elections to Lok sabha, 2a14 - Maintenance of public tranquility and

peaceful law and order - complaints against Shri Amit Shah and Shri Azam Khan -regarding.

Tet : 011 -23717391-98, Fax: 011-23713412, Website:www.eci.nic.in

Z. Taking serious note of the above public speeches and utterance of the

''abovementioned two political leaders, the Commission has already issued notices to Shri Amit

shah on 7th April, 2014 and shri Azam Khan on 9th April, 2014. A copy each of these notices

served on them is enclosed for ready reference. The replies of both Shri Amit Shah and Azam

Khan are still awaited

3. Despite the abovementioned notice dated 9th April, 2014 to Shri Azam Khan, he is

still indulging in the above violations of Model code of conduct and statutory laws mentioned

above, and making derogatory and inflammatory statements, using intemperate language as

well. A copy of the report dated 10th April,2014 received from District Election Officer-cum-

District Magistrate, Rampur, is enclosed for ready reference and perusal' The Commission has

decided to issue a further show cause notice to him which is under issue'

4. in the context of the above violations of the penal provisions of law by Shri Amit

Shah and shri Azam Khan, it has been observed by the commission that the state authorities

concerned have not acted with the required alacrity and even FIRs have not been filed, wherever

called for, against the abovementioned two political leaders. Particularly, no FIR seems to have

been filed against Shri Azam Khan so far and the Commission is of the view that the State

Government machinery is soft pedalling in taking required action against him so that his

undesirable activities could have been properly and effectively checked'

5. Having regard to the above, the Commission hereby directs under Article 324 of

the constitution of India and all other powers enabling in this behalf, that -

(i) necessary FIRs should be immediately filed and criminal proceedings initiated

against the abovementioned two leaders, wherever the same have not been

instituted so far;

(ii) no permission should be granted for holding any public meetings' public

processions, public rallies, road shows, etc., by the district administration

authorities, where the above two leaders are expected or likely to participate; and

(iii) all preventive measures shall be taken against them under the relevant provisions

of sections i07 to 110 and 144 0f the crPC. to ensure that no act of commission

or omission is resorted to by them whieh has the effect of prejudicialty effueting

the publie tr.anquility and law and order.

6' A compliance repoft in respect of the above direetions of the Cornmlssion should be sent

to the Commission by 5.00 p.m. on 12th April, 2014.

Yours faithfully,

Copy forwarded for information and necessary action to -1. The Director General of police, Uttar" pradesh, Lucknow.

2. The Chief Electoral O.fficer, Uttar pradesh, Lueknow.

(R.K{FRTVASTAVA

@%"i{ffir.'* srril ffirr qrqlrTn;.o Election Commission of lndia

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frqtqq sqTNIRVACHAN SADAN

or{h*,+s,r{ffi- l1ooo1ASHOI(A ROAD, NEW DELHI - 110 OO1

Dated : 9th April, 2014No- 437lue-HPl2oL4

NOTICE

Whereas, ..the General Election to Lok Sabha has been announced by theCommission on 5th March, 2A14, vide ECI Press release number ECllPNl1012014 dated 5thMarch,2014 and the provisions of Model Code of Conduct were imposed from that date asper Para J6 of the said press release; and

Whereas, Sub Para(1) of Para 1 oJ the Model Code of Conduct provides that 'noparty or candidate shall indulge in any activity which may aggravate the existing differencesor create mutual hatred or cause tension between different caste and communities, religiousor linguistic; and

Whereas, Sub Para (2) of Para 1 of the Model Code of Conduct provides, inter alia,that parties and candidates shall refrain from criticism of all aspects of private life, notconnected with the public activities of the leaders or workers of the parties.; and

Whereas, Sub Para (3) of Para 1 of the said Code, inter-alia, provides that there shallbe no appeal to caste or communalfeelings for securing votes; and

Whereas, Para Vll of the Model Code of Conduct, inter alia, provides that the party inpower whether at the Centre or in the State or States concerned, shall ensure that no causeis given for any complaint that it has used its official position for the purposes of its electioncampaign......; and

Whereas, the Commission has received a complaint dated 2nd April, 2014 from BJP(copy enclosed) that while addressing a public meeting in Rampur, you have usedderogatory words against Shri Narendra Modi, the CM of Gujarat and leader of BJP , asunder:

".......qS, aqfrN fu., eq z16 Er6+ qmt 6t"fu cnn ge @r @l dffi d qBs d fi* orr

um * d .m qE{ +nr t.." df WEr rr-q r$I qrRq.rg qr{ -._..q_d + qd d rg qr{qt=f ddt dt *t g.E* llq TS ql6!..." (A copy of the video recording is enctosed); and

Whereas, the Commission has, received a repoft along with video clip that whileaddressing a public meeting in Rampur on 05.04.2014 you have used threatening languageto the field election machinery, as given below-

"....sd 116 fi qK {sil ?TRy fu d q-St eK ,ft etv 17 d qr-E fi c} Hr@Ty..(anqe qrciq)

....Elrfu offi-fr &) q T:ilfrr. qi s{-d} offi EA t g,+f re-,or ot-q' q*....." (A copy or thevideo recording is enclosed); and

Whereas, the Commission has, further received reports from the districts of Rampurand Ghaziabad that while addressing public meetings there, on 05.04.2014 at MohallaTalaab Mulla Airam Park in Rampur and on 07.04.2A14 d at village Masuri in Ghaziabad,you have made following statements-

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ln Rampur

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ln Ghaziabad

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\Mereas, the Commission is, pr"ima facie, of the opinion that by making the aforesaidstatements you have violated the above said provisions of Model Code of Conduct ;

Now, therefore, the Commission gives you an opportunity to explain your stand inmaking the above said statement before 5 pm on 11th Aprit, 2A14, failing which the ECI shalltake a decision without further reference to you.

To, * ul

ShriAzam Khan, .^L*o ,$',t\ a-D,( LCabinet Minister, Up Govt. - d -i!'*iC/o Samaivadi Party Office in Delhi. \teo ^ e-?[""ffSl1:33';1::orriceinDerhi $iT":" ?@O-New Dethi tY " a\ss"' LR A iv1 p n U;

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/ --R.. RamakrishnaI.A.S. (Retd-)

MP (Rajya Sabha)National Convener, Election Cell

BharatiYa Janata PartY

Khan of the Sama jwadi Party, and a Cabinet Minister

used derogatory language (qd d c"tl against

$,Dated: April 02,20L4

The Election Commission of Indi /tsst-,etl ffi'iirvachan Sadan, Ashok Road

New Delhi-1100O1 *Yid$fiffi

Sir,

Your kind attention is drawnPradesh on 1"t APril 2014.

to two election speeches that surfaced in Uttar

In Rampur (UP) Shri Azamin UP Govt. is rePorted to haveShri Narendra Modi.

The relevant transcript reads as follows:

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ri g.rnT'.rq {S znR-q I 6q 3rffils^e {rurrrer Rre fr A orr fu 5q qffi urrd.t erqr pr-i oi{ .r€rdl qft A | -{fl qfts-a q aa Eq ErtqI ge q-.dl a-frt{ d-qqr

t. g€ tr.asrr.r of nrqmo aflr 5n-oka { fdlR+Erft q'-rqr t I

. On the same day, in GONDA (UP) Shri Beni Prasad Verma, of the Congress

,.,v)farty, Union Steel Minister has made the following observation.

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///Z<:v{r il{6 o1 *nqr.- a}o-oa q 'rfi e}d cfu I vrumrcT cItzIH q-fr d. qtfr d

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Shri Beni prasad Verma has been a colourful abusive loose cannon in all

elections. In the earlier concluded UP Assembly Elections, we had drawn the attention

of the Election commission on more than one occasion to various colourful utterances

of this Union Cabinet Minister and the Commission was also kind enough to probe into

thesecomplaintsandissueappropriatestrictures.

We would requestsanctions against theseState during the Election

the Election Commission to devise certain more stringenttwo gentleman like restraining them from entering the UP

Period.

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Yours faithfullY,

"Q"Z)r((R. Ramakrishna)'

Tel: 23005840, Telefax 2338L79O(O) \--'(R) 2332s2sa MoO: e8ee338BBe

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NIRVACHAN SADAN

srvf*,fu,r{ffi-11oooASHOKA ROAD, NEW DELHI - 110

NOTICE

No- 437lUP-HPl2Ot4Dated - 7th APril, 2014

Whereas, the General Election to Lok Sabha has been announced by the Commission on 5th

March, 2014, vide ECI press release number ECI/PN/10/20',14 dated Sth March,2014 and the

provisions of Model Code of Conduct were imposed from that date as per Para 26 of the said press

release; and

whereas, sub Para (1) of Para '1 of the Model code of conduct, inter alia' provides that'No

party or candidate shall indulge in any activity which may aggravate existing differences or create

mutuar hatred or cause tension between different castes and communities, reilgious or linguistic " ;

and

Whereas,subPara(2)ofPara.lofthesaidCodeprovides,interaiia,thatpartiesand

candidates shall refrain from criticism of all aspects of private life, not connected with the public

activities of the leaders or workers of the parties'; and

whereas,subPara(3)ofParalofthesaidcode,inter-alia,providesthatthereshallbeno

appeal to caste or communal feelings for securing votes " " ' ';and

whereas, the commission has received reports and has also seen news channel reports

that you, during your visit to district Shamli on 3'd April,20'14 and districts Bijnor and Muzaffarnagar on

4th April ,20.14 have addressed a number of public meetings and have made' inter alia' the following

statements -

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A copy each of Video Recordings of the aforesaid meetings and also of news clips

telecast in various new channels is enclosed); and

Whereas, the Commission is, Prlma facie, of the opinion that by making the aforesaid

statement you have violated the above said provisions of Model Code of Conduct and ;

Now, therefore, the Commission gives you an opportunity to explain your stand in making the

above said statement before 5 pm on 9th April, 2014 failing which the ECI shall take a decision

without further reference to You.

To,ShriAmit Shah,Leader of BJP,

C/o National BJP OfficeNew Delhi

N. T. SNIVASTAVAPrinciPal Secretaf)',

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