BJP Invokes MCC and RP Act Against Rahul Gandhi’s ‘PM Dance’ Remark Seeks EC Ban on Campaign

BJP Blaze a trail over Rahul Gandhi statement.

The Bihar assembly election campaign has seen a massive political explosion as out of the rally ground to the offices of the Election Commission of India. Bharatiya Janata Party (BJP) has lodged a formal complaint with the Congress party against Rahul Gandhi, his senior, over what they consider to be highly derogatory, indecent and personal remarks directed at Prime Minister Narendra Modi. The case focuses on a statement that Mr. Gandhi made at an open rally in Muzaffarpur, Bihar.

BJP delegation has submitted the complaint to the Chief Election Officer of Bihar to take immediate and brutal measures against the Congress leader. The party is demanding Mr. Gandhi to retract his statement claiming it is not merely a political jibe but a serious contravention of the electoral laws. According to them, the comment is a calculated insolence that aims at tainting the dignity of the constitutional office of the Prime Minister.

The scandal has served to fuel the existing bitterness of the war of words between the two national parties during a high stakes state election. The BJP has positioned the comment as a desperate thing and a gesture of lack of respect to democratic discourses. In its turn, the Congress has justified the statement of Mr. Gandhi as a political criticism and has charged the Prime Minister with applying much more harsh language to his opponents.

Such complaint is a solemn attempt by the party, BJP, to get regulatory intervention of the Election Commission (EC). The party is not seeking an apology, it is demanding a censure, a ban on the campaigning of Mr. Gandhi. The EC has now set the role of investigating on the complaint and determining whether or not the remark does violate the laid down codes of conduct in elections or not.

The PM Dance Remark.

Rahul Gandhi made the controversial declaration when he launched his campaign to the congress party in Bihar, and was joined on the stage by alliance partners. During one of his speeches at a gathering of the people, Mr. Gandhi took a swipe at the Prime Minister and said that the latter was ready to do anything to get elected. He postulated that the PM is always motivated by political incentive and not by true governance.

Mr. Gandhi applied a hypothetical and theatrical example to make his point. He informed the people, “He (PM Modi) only wants to fish out your vote. In case 200 individuals in the crowd demand PM Modi to dance on the stage, in exchange of votes, the PM will begin performing Bharatnatyam on the stage. It is this analogy of a dance, which has caused the BJP to file an official complaint.

This remark was included in a larger speech in which Mr. Gandhi also included the comment on the recent celebration of Chhath Puja by the Prime Minister. He accused Mr. Modi of intending to bathe in the Yamuna river during the festival, but a different swimming pool or puddle of clean water had to be constructed due to the uncleanliness of the river. Mr. Gandhi termed this so-called event as a vote-seeking drama.

The BJP immediately attacked the comment in reference to the dance as derogative. The comments by party spokespersons were that the comment was not only an attack on Mr. Modi but also on Indian voters and democracy itself. They described the language as that which was spoken by a local goon, and not a high political figure. The BJP has not only given this statement to the EC as an evidence of the low-level political discourse of Mr. Gandhi.

The congress party has however rebelled. The remark was defended by the congress leader Pawan Khera who pointed out the previous statements of the Prime Minister about the same. He specifically cited a remark made by PM Modi earlier in the year of him accusing the opposition parties of doing mujra in order to get their vote bank. Mr. Khera then asked how a party whose leader calls it mujra could have an issue with the word dance.

The MCC and Representation of the People Act is invoked.

The BJP does not merely complain to the Election Commission but is making a legal complaint which is founded on two main groups of rules. The party accuses him that the comment made by Mr. Gandhi is a blatant breach of the Model Code of Conduct (MCC) that is in force during the election period. The MCC guidelines do not allow personal attacks and unproven allegations which will cause the political debate to stoop down.

In his complaint, it is contended that in implying that the Prime Minister would dance to get votes, Mr. Gandhi is not criticizing policy, but carrying out a personal cheap shot at him. The letter by the BJP to the EC declared that these remarks were beyond all limits of decency and democratic speech and are meant to offend the dignity of the highest office of the Constitution of the Republic of India.

In addition to the MCC, the BJP has also referred to the Representation of the People (RP) Act, 1951. This is the main law that oversees any election in India. It is specifically Section 123(4) of the RP Act that describes the definition of corrupt practices that the party has referred to. This part forbids applicants to issue any statement of fact which is false, which they know or think is false, in connection to the personal character or conduct of any candidate.

The case that is presented by the BJP is that the comment hailed by Mr. Gandhi is an unwarranted comment regarding the personal behaviour of the Prime Minister and it was a deliberate comment that the BJP had made to secure electoral victory. They argue that this is squarely covered by the meaning of corrupt electoral practice in the RP Act. It is also a serious charge and conviction on this act can result in very harsh sentences such as disqualification to contest elections.

The ruling party is to demand that Mr. Gandhi is a repeat offender who has a record of making such comments. They are pressuring the Election Commission to consider this not as a single slip of the tongue, but a long-term plan to undermine the Prime Minister by painting an ugly picture on him/her. It is on this basis, according to them, that the electoral watchdog should give such a harsh punishment that serves as an example to others.