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NIRVACHAN SADAN

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ASHOKA ROAD, NEW DELHI . 1'IO

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No. 464lUP-HP 12014

Dated:

tlth

APril, 2014.

The Chief Secretary, Government of Uttar Pradesh, Lucknow.

Subject:-

of public tranquility and General Elections to Lok sabha, 2a14 Maintenance Shri Azam Khan peaceful law and order - complaints against Shri Amit Shah and

-

-

regarding.
Sir,

I am directed to state that the commission has been observing with serious
of Uttar Pradesh, and Shri Amit Shah' concern that Shri Azam Khan, Minister in the Government
party, have been making highly inframmatory speeches during the Leader of the Bharatiya Janata
generar etection to the House of the People from the course of the current erection campaign for

promoting feelings of enmity, hatred state of Uttar pradesh. These statements are, inter alia, religious communities on the ground of and iil-wifi and creating disharmony between different by them are highly prejudicial to the religion. Further, these provocative statements being made communities and also likety to disturb peace maintenance of harmony behrueen different religious

and public tranquiltity.

by the The above apart, these statements and public utterances

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

of different classes of citizens of India' outraging the religious feelings and religious betiefs
are not only viotative of the provisions of Model These impugned speeches and public utLerances

under various provisions of law' like' code of conduct, but also constitute serious offences of the Representation of the People Act, 1951, section 125 land arso section 123(3) and 123(3A)l Penat code' apart from the relevant sections 153A, 1538, 295A and 505(2) of the Indian
provisions of the State laws.

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

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

of these notices shah on 7th April, 2014 and shri Azam Khan on 9th April, 2014. A copy each
Shah and Azam served on them is enclosed for ready reference. The replies of both Shri Amit Khan are still awaited

3.

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

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

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

well.

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

perusal' The Commission has District Magistrate, Rampur, is enclosed for ready reference and
issue' decided to issue a further show cause notice to him which is under

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

not been filed, wherever concerned have not acted with the required alacrity and even FIRs have no FIR seems called for, against the abovementioned two political leaders. Particularly,

to

have

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

is soft pedalling in taking required action against him so that

his

undesirable activities could have been properly and effectively checked'

5. (i) (ii) (iii)

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

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

-

initiated necessary FIRs should be immediately filed and criminal proceedings

not been against the abovementioned two leaders, wherever the same have
instituted so far;

no

permission should

processions,

be granted for holding any public meetings' public public rallies, road shows, etc., by the district administration

participate; and authorities, where the above two leaders are expected or likely to provisions all preventive measures shall be taken against them under the relevant

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,

(R.K{FRTVASTAVA

Copy forwarded for information and necessary action to

-

1.

The Director General of police, Uttar" pradesh, Lucknow. The Chief Electoral O.fficer, Uttar pradesh, Lueknow.

2.

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ASHOI(A ROAD, NEW DELHI - 110
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NIRVACHAN SADAN

Election Commission of lndia

Dated

: 9th April, 2014

NOTICE

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

Whereas, Sub Para(1) of Para 1 oJ the Model Code of Conduct provides that 'no party or candidate shall indulge in any activity which may aggravate the existing differences or create mutual hatred or cause tension between different caste and communities, religious or linguistic; and
Whereas, Sub Para (2) of Para 1 of the Model Code of Conduct provides, inter alia, parties that and 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, Sub Para (3) of Para 1 of the said Code, inter-alia, provides that there shall be 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 in power whether at the Centre or in the State or States concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign......; 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 used derogatory words against Shri Narendra Modi, the CM of Gujarat and leader of BJP , as
under:

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
".......qS,

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

a

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 the
"....sd
116

video recording is enclosed); and Whereas, the Commission has, further received reports from the districts of Rampur and Ghaziabad that while addressing public meetings there, on 05.04.2014 at Mohalla Talaab Mulla Airam Park in Rampur and on 07.04.2A14 d at village Masuri in Ghaziabad, you have made following statements-

ln Rampur

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\Mereas, the Commission is, pr"ima facie, of the opinion that by making the aforesaid statements you have violated the above said provisions of Model Code of Conduct ;
Now, therefore, the Commission gives you an opportunity to explain your stand in making the above said statement before 5 pm on 11th Aprit, 2A14, failing which the ECI shall take a decision without further reference to you.

To,
ShriAzam

Govt. d eDelhi. \teo-i!'*i ^ ?[""ffSl1:33';1::orriceinDerhi $iT":"
Cabinet Minister, Up C/o Samaivadi Party Office in New

Khan,

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Ramakrishna
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BharatiYa Janata PartY

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

MP (Rajya Sabha)

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Dated: April 02,20L4

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The Election Commission of Indi irvachan Sadan, Ashok Road New Delhi-1100O1

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Sir,

Your kind attention is drawn to two election speeches that surfaced in Uttar Pradesh on 1"t APril 2014. In Rampur (UP) Shri Azam Khan of the Sama jwadi Party, and a Cabinet Minister in UP Govt. is rePorted to have used derogatory language (qd d c"tl against
Shri Narendra Modi. The relevant transcript reads as follows:

I {e .rr$ gd d -=t d E-g .rr{ =Tt< +fr Gft 6q 3rffils^e {rurrrer Rre fr A orr fu 5q qffi urr I"rftq ri g.rnT'.rq {S znR-q ge q-.dl a-frt{ d-qqr d.t erqr pr-i oi{ .r€rdl qft A | -{fl qfts-a q aa Eq ErtqI t. g€ tr.asrr.r of nrqmo aflr 5n-oka { fdlR+Erft q'-rqr t 5.i (,6ru
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On the same day, in GONDA (UP) Shri Beni Prasad Verma, of the Congress following observation. ,.,v)farty, Union Steel Minister has made the q-rdt t,ll t-rr{ftgieTf,r A fuq yr61-( Eq I 3*{ 3IT(.grT-y$. aiq qTcrqr d atq} oUL r/

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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 request the Election Commission to devise certain more stringent UP sanctions against these two gentleman like restraining them from entering the ..--State during the Election Period. ,,"^ C:.'rl.n,;,/-to)-----{,
Yours faithfullY,

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NIRVACHAN SADAN

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NOTICE

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ASHOKA ROAD, NEW DELHI - 110

No- 437lUP-HPl2Ot4

Dated

-

7th

APril, 2014

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

5th

dated Sth March,2014 and the March, 2014, vide ECI press release number ECI/PN/10/20',14 as per Para 26 of the said press provisions of Model Code of Conduct were imposed from that date
release; and

whereas, sub Para (1) of Para
party or candidate

'1

that'No of the Model code of conduct, inter alia' provides

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

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

"

;

Whereas,subPara(2)ofPara.lofthesaidCodeprovides,interaiia,thatpartiesand
private life, not connected with the public candidates shall refrain from criticism of all aspects of
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

has also seen news channel reports whereas, the commission has received reports and
on April,20'14 and districts Bijnor and Muzaffarnagar that you, during your visit to district Shamli on 3'd public meetings and have made' inter alia' the following
4th

April ,20.14 have addressed a number of

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
;

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

above said statement before 5 pm on
without further reference to You.

9th

April, 2014 failing which the ECI shall take a decision

To,

ShriAmit Shah,
Leader of BJP, C/o National BJP Office

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N.

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t'it''v Delhi

PrinciPal Secretaf)', lr oi - d1;

T. SNIVASTAVA

New Delhi

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