Wednesday, February 15, 2012

Violation of MCC by Shri Salman Khurshid – Subsequent developments and Commission’s decision

PRESS NOTE


The Commission had issued an Order dated 9th February, 2012 with regard to violation of the Model Code of Conduct by Shri Salman Khurshid, the Union Minister of Law & Justice and Minority Affairs. Following certain statements and actions by Shri Khurshid in relation to the same case, ECI had written a letter to the Hon’ble President of India on 11th February 2012. Subsequently on 13th February 2012, the Commission received a letter from Shri Salman Khurshid, Minister of Law & Justice. All three aforesaid communications are on the Website of ECI.

The Commission, on 15th February 2012, reviewed the matter in light of the letter received from Shri Khurshid. It took note of the fact that Shri Khurshid has regretted the statement that he had made during the course of the campaign in Uttar Pradesh, following the Commission’s censure of him. The Commission also noted that the Minister underlined his respect for the decision taken by the Commission in the particular case of MCC violation by him. The Commission also took note that Shri Khurshid recorded his commitment to ensure that such situations do not arise in future.

The Commission considers that the communication received from Shri Khurshid establishes a complete and positive reversal of approach, in which he has also committed himself to the Election Commission’s efforts towards conduct of free and fair election.

The overwhelming concern of the Commission was regarding the approach of Shri Khurshid towards the issue in hand and regarding the position of the Election Commission. The Commission was also concerned about the implications, this could have for the ongoing election in Uttar Pradesh; the conduct of free and fair elections in future; and for the overall Constitutional design. The Commission took into account the fact that the primary purpose of MCC is to prevent wrongdoings in the electoral field and make sure that compliance of the Code is foolproof in the current elections as also in the future. In this particular case, it was incumbent upon the Commission to address and resolve the spillover of larger issues rather than taking any other measures.

Based on the Minister’s clear change of position as conveyed directly to the Commission, it has been decided not to take any further action in the matter. ECI would like to advise all contending parties and those campaigning in elections, particularly those persons holding public offices, to be extremely careful, so that a situation as in this case does not recur.

Election Commission of India

New Delhi , 15th February , 2012

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