Full Letter: Election Commission Vs Arvind Kejriwal, FIR for MCC
Kejriwal, Election Commission Vs Arvind Kejriwal: The Election Commission (EC) on Sunday directed the Goa police for legal action against Chief Minister Arvind Kejriwal for his remarks during a public speech in Goa's Mapusa, Bardez Taluka earlier on January 8 about bribes, calling it a case of abetment of offence of bribery and violative of Model Code of Conduct (MCC).
The EC found that Kejriwal making or spreading scandalous claims about someone with the intention of damaging their reputation especially for the Election Commission, which the AAP leader's claim that the Commission is encouraging bribery by refraining him from uttering such statements.
Full Text of EC letter, Dated 29th Jan 2017
I am directed to refer to your letter dated, dated 23.01.2017, on the subject cited, and to state that the commission has observed that your impugned statement referred to in the ECI notice dated 16th January, 2017 is definitely a case of abetment of offence of bribery in elections as defined in section 171(B) and thus violative of MCC. Under the said section 171(B) acceptance of bribery by any person is also an offence and any exhortation to electors to accept gratification, and even demand more, does amount to abetment and promoting of the said offence.
You have stated in your reply that you are not abetting bribery by appealing to voters to accept money from any party but to vote in favour of , JHARU, i.e" AAP. Further, you have, stated that the Commission is encouraging bribery by refraining you from uttering such statements. These statements are probably wrong and indefensible as per the provisions of law on bribery and is not acceptable to the Commission
The commission has already CENSURED you vide its order dated the 20th January, 2017 for abetment of offence of bribery as defined in the Section 171 B of IPC and violation of MCC.
The substance, tone and tenor of the address/interview reportedly you in Times of India on 22.01.2017 are not only baseless and scurrilous unethical and highly depreciable against Election Commission of
India, a constitutional authority enjoined upon by the mandate to conduct free, transparent elections
As already stated in the commission's earlier order dated 20-01-2017, being chief Minister of Delhi and
a star campaigner of your party, you are expected to conduct in an exemplary manner in election campaigns so as to be a role model for other to emulate but instead, you are repeatedly violating MCC and not adhering to your assurance to ECI given during Legislative Assembly election of Delhi-2015'. Instead of taking the ECI's advisory Order dated 20th January, 2017 in right spirit you have been persistently indulging in objectionable activity.
The commission is quite concerned about your conduct, public utterances and demeanour. Even after being reprimanded by the commission and directed not to incite the voters, you are still continuing with your statements of instigating voters to take money from other Parties
Instead of making wild allegations, you are most welcome to adduce any evidence of distribution of money by any person or party and help the commission to take necessary action against them and stop corrupt practices. However, you are in no way allowed to instigate voters to take money and abet bribery in the electoral process by any act or utterance. ln the view of the Commission, such acts are totally unacceptable being illegal and is violation of provisions of the Indian Penal Code and Representation of People Act and instructions of the Commission relating to Model Code of Conduct. You must be well aware that both taking and giving of bribe is illegal and punishable under law. Further, your statement also casts as person on the integrity of the voters as if they are gullible and corrupt. Your statement is based totally on fallacious logic and presumption. If you wish to promote ethical voting, you should encourage the voters not to indulge in any corrupt practice and not to take money or inducement in any form from any political party or anybody on the other hand; your statement is definitely an indirect instigation and abetment of bribery to the voters.
You are, therefore, once again directed not to indulge in making any further statement which directly or indirectly instigates the voters to take money or inducement in any form by any party or any person or indulge in any form of electoral offence or corrupt practices. The Commission will be constrained to take stern action against you in case it is noticed that you continue to make similar statements in future.
Earlier Arvind Kejriwal while addressing a rally in Goa on January 8 said “Friends now that time for elections is approaching, someone from BJP and Congress will come and distribute money, and in fact I heard that it has already started. But don't refuse it. Take the money. It is our money that they have plundered from us for ages. And take new notes, don't take the old ones. And one more thing, don't accept Rs. 5000, instead demand for Rs. 10,000 citing inflation”.