In a setback to BJP ruling benches Supreme Court has put a stay on the Election Commission order removing Congress leader Kamal Nath from the list of star campaigners.
The Election Commission lawyer said since the election is tomorrow, the plea is infructuous.
While hearing the matter on Monday, Supreme Court said prima facie EC didn’t have the power to remove a star campaigner. In turn, EC argued that it acted under the Model Code of Conduct.
Supreme Court has asked EC to file a reply to Kamal Nath’s petition.
However, since the plea also seeks Supreme Court verdict on law to be laid down on whether ECI can decide on who can be leader of party under Section 77 RP Act, Supreme Court has agreed to hear the matter.
The CJI asked Election Commission, “Where do you get the power to determine who will be the leader of a political party under Section 77… You have no power.”
The poll panel had said in its order, ” for repeated violation of Model Code of Conduct and for completely disregarding the advisory issued to him, the Commission hereby revokes the status of leader of political party (Star Campaigner) of Kamal Nath, Ex-Chief Minister, Madhya Pradesh, with immediate effect for the current Bye-elections of Legislative Assembly of Madhya Pradesh.”
Kamal Nath moved Supreme Court against the EC order and apart from revoking of the order, he also sought framing of appropriate guidelines for speeches during campaigning by star campaigners or campaigners, “keeping in mind the right to freedom of speech and expression and concept of democratic elections”.
