Lawstreet Journal

Supreme Court Stays Election Commission's Order Removing Ex-CM Kamal Nath as 'Star Campaigner'; Asks 'Who Gives you Power to Delist a Candidate?'

Lawstreet Journal 3 Nov 2020 9:10pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Stays Election Commission's Order Removing Ex-CM Kamal Nath as 'Star Campaigner'; Asks 'Who Gives you Power to Delist a Candidate?'

The Supreme Court has put on hold the Election Commission’s (EC) order removing Congress’s Kamal Nath as the star campaigner for the by-elections in Madhya Pradesh for alleged violations of the model code of conduct.

"Who gives you the power to determine who is the leader of the party. We stay this order. You have no such power...," a bench headed by CJI SA Bobde told the Commission while staying its October 30 order. While a political party pays for the expenditure of its star campaigners, individual candidates pay for the expenditure of other campaigners.

The Election Commission, in its order, had said it has taken action against the Congress leader over his remark calling CM Shivraj Singh Chouhan, "mafia", "nautanki kalaakar" and "milawat khor" on October 13, 2020.

On behalf of the EC, senior advocate Rakesh Dwivedi submitted that the matter had become infructuous because the election campaign was already over. However, the Bench chose to issue a notice to the EC.

"How can the EC determine who will be a leader (campaigner) of the party?" it wondered. Kamal Nath on Saturday moved the Supreme Court against the Election Commission’s decision to revoke his “star campaigner” status for allegedly violating the model code of conduct during the by-election campaign for 28 assembly seats in the state.

The Madhya Pradesh Congress Committee President had sought quashing of the EC’s October 30 order on the ground that the order was passed without any notice to him just based on a complaint by a BJP leader.

Alleging that… Continue Reading...


Tagged: Supreme Court of India   Kamal Nath  
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