ECI can't threaten Rahul Gandhi for raising voice for fair polls, says Cong; urges withdrawal of remarks on LoP

Bengaluru, Aug 12 (IANS) Responding to the notice given by Karnataka Chief Electoral Officer (CEO) to Leader of the Opposition (LoP) in the Lok Sabha, Rahul Gandhi, the Congress on Tuesday appealed to the Election Commission of India (ECI) stating that it can't threaten the LoP for raising his voice for free and fair elections. The party has also requested the poll panel to withdraw remarks against the Congress MP and protect citizens' rights under Article 324 and 19(1)(a) of the Indian Constitution.

Addressing a Press conference in this regard, Ramesh Babu, Advocate and Chairman, Media and Communication Department, Karnataka Pradesh Congress Committee (KPCC), stated on Tuesday, "Being a citizen of India and Opposition leader of the Lok Sabha, Rahul Gandhi raised his voice demanding free and fair elections. The ECI cannot threaten Rahul Gandhi for raising his voice for free and fair elections."

"In several cases the Supreme Court of India has observed that free and fair elections are basic features of the Constitution," he underlined.

"The warning issued by the Election Commission of India to the Congress MP and Lok Sabha Opposition leader Rahul Gandhi regarding his allegations of 'vote theft', is against the spirit of freedom of speech and values of the Constitution. Hence, I request the ECI to withdraw its remarks and conduct a proper enquiry into the allegations of 'vote theft'", Ramesh Babu stated.

It is, therefore, the legal duty of the ECI not only to ensure free and fair elections but also to safeguard citizens who, acting in good faith and in public interest, raise doubts regarding electoral lapses. Any act of intimidation, reprisal or threatening against such citizens would constitute a violation of basic democratic rights and judicial pronouncements as cited above, he stated.

"Provide a public clarification that raising doubts about the election process when done in good faith, is a legitimate democratic act and not punishable," he stressed.

"As per Article 324 of the Constitution of India and the provisions under the Representation of the People Act, 1950 and 1951, it is the bounded duty of the Election Commission of India to conduct free and fair elections and to maintain an accurate and transparent voters' list.

"The Election Commission, is the body responsible for the superintendence, direction, and control of all elections to Parliament, state legislatures, and the offices of the President and Vice-President. This includes preparing electoral rolls and conducting elections," he stated.

"It is the fundamental right of every citizen under Article 19(1)(a) (Freedom of Speech and Expression) to raise genuine concerns or doubts about the correctness of the electoral roll or the fairness of the election process. Such actions strengthen democracy and do not, under any circumstances, warrant intimidation or threats," Ramesh Babu emphasised.

"LoP Rahul Gandhi alleges large-scale electoral fraud, what he terms 'vote chori' pointing to over one lakh fake votes in the Mahadevapura segment of Karnataka State, achieved through means like duplicate entries, fake addresses, and Form-6 misuse. He contends that the ECI is complicit through refusal to provide digital voter rolls and by destroying CCTV footage, blocking independent audits and questions the commission’s impartiality given the absence of expected anti-incumbency," he stated.

"He insisted on the release of machine-readable and digital electoral rolls to enable independent auditing, arguing that the current non-digital publication (PDFs or paper lists) prevents effective scrutiny.

"LoP Rahul Gandhi alleged that the ECI was destroying vital CCTV footage from polling stations that could substantiate claims of voter fraud, questioning absence of anti-incumbency," Ramesh Babu stated.

"He raised concerns about the lack of visible anti-incumbency reflected in election results, hinting that such patterns only make sense if manipulation is at play," he added.

"The Supreme Court of India has repeatedly emphasised that free and fair elections are a basic feature of the Constitution. Article 19(1)(a) guarantees the right to freedom of speech and expression, which covers the right to voice concerns about public affairs, including electoral processes. The Representation of the People Act, 1950 & 1951, ensures that the electoral roll is public and empowers citizens to file objections/claims for corrections," he pointed out.

"We expect a fair and just response in the spirit of our Constitution," Ramesh Babu appealed to the ECI.

--IANS

mka/rad