The Election Commission last night issued an advisory to the BJP not to nominate Varun Gandhi as its candidate for Pilibhit while holding him guilty on charges of making hateful and communal remarks in his speeches.
At the outset let it be clear that Offstumped is holding no brief for Varun Gandhi and comments attributed to him from multiple speeches are despicable and un-Hindu.
However it must also be said that:
#1 Varun Gandhi has the freedom to practice his his bigotry howsoever disagreeable it may be to our sensibilities, as long as he has not broken a law of the land
#2 If Varun Gandhi’s bigotry is in violation of the Law, exemplary punishment is in order so a message goes out to every bigoted Politician that they cannot court controversy to make headlines and conduct whisper campaigns.
#3 If Varun Gandhi’s bigotry is not in violation of the Law, then the matter must be judged in the Court of Public Opinion.
The Election Commission is neither a court of law nor does it represent the court of public opinion.
There in lies the problem with the Election Commission’s “holding Varun Gandhi” guilty and issuing an advisory especially in a scenario where the electoral process has not even been notified and the Election Commission has no role to play.
The matter of whether Varun Gandhi’s bigotry is acceptable or not and whether he should be the BJP’s candidate or not should have been left to the BJP and the court of public opinion by the Election Commission till until a legal case was made.
Former Election Commissioner GVG Krishnamurthy explains why
The Election Commission has no jurisdiction to take action against Gandhi” for his alleged inflammatory speeches
The model code of conduct comes into effect only after President Pratibha Patil notifies the elections in the official gazette. Till then Gandhi cannot be considered an Election Commission recognized candidate
the commission has acted in haste in moving against Gandhi for violation of the model code of conduct under the provisions of the Representation of Peoples Act 1951.
Only the police can move against him under the Indian Penal Code (IPC) for inciting communal passions
As of now Varun is only a probable candidate and an ordinary citizen against whom action can be taken only under the IPC if he makes inflammatory statements.
The Election Commission has no role to play till the notification of elections by the president
In fact to allow a bunch of unelected Bureaucrats who enjoy their office at the pleasure of the Political Party in Government to sit in judgement even over probable candidates is highly debatable and there ought to be a rethink on the Model Code of Conduct.
While Offstumped has serious reservations on Varun Gandhi’s candidacy, finds his bigotry unacceptable and the BJP’s indulgence of him unfathomable, the Election Commission in this case stands guilty of the same sensationalism it accuses Varun Gandhi of, for he is yet to be convicted in a Court of Law.
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