Supreme Court has stayed Election Commission‘s order removing Congress’s Kamal Nath as star campaigner for the by-elections in Madhya Pradesh
“We are staying the Election Commission’s order and the EC has no power,” said Chief Justice of India SA Bobde.
“Who has given power to you (the Election Commission) to remove a candidate from the star campaigner list? It is you or a leader of the party?” Chief Justice Bobde said while hearing a petition filed by the former Madhya Pradesh Chief Minister.
“Where do you get the power to determine who will be the leader of a political party? It is for you or the party to decide who is the star campaigner?” he added.
Also Read: Former Madhya Pradesh CM Kamal Nath moves Supreme Court against EC decision to delist him as ‘Star Pracharak’ for upcoming by-elections
The Election Commission said for Kamal Nath as star campaigner that it would file a response at the earliest. “The Supreme Court is supreme. The EC has been given an opportunity to file a reply in the matter, which shall be filed at the earliest,” the commission said.
On October 30, the Election Commission stripped Kamal Nath as star campaigner status over a series of his controversial remarks, which, the commission said, were “repeated violation of model code of conduct” and “complete disregard” of warnings to him.
Kamal Nath, being a leader of a political party, had repeatedly “breached ethical and dignified behaviour”, the commission said in its order.
Earlier, the Commission had issued a warning to the 73-year-old over his “item” remark for BJP leader Imarti Devi.
While campaigning in Dabra last month, Mr Nath had mocked Imarti Devi — a former Congress leader whose exit along with 22 loyalists of Jyotiraditya Scindia in March had led to the collapse of his government.
During a poll meeting, Mr Kamal Nath as star campaigner had said the Congress candidate was a “simple person” unlike his rival, who was an “item”.
The poll panel had warned him against the use of “such words or statements” when the model code of conduct was in place.
But subsequently, Mr Nath was accused of making another provocative comment, calling Chief Minister Shivraj Singh Chouhan a “nautanki kalakar who should act in films in Mumbai”.
On October 31, Mr Kamal Nath as star campaigner had challenged the Commission’s order in the top court, saying, “It is right of the party to nominate a person as a star campaigner and the Election Commission cannot interfere with the party decision. The decision is a breach of the fundamental right of expression and movement”.