Prove graft claim made in ad: EC to Congress

NEW DELHI: In a first-of-its-kind notice over unverifiable allegations often made in political advertisements, the Election Commission on Saturday asked the Congress to furnish empirical evidence by 7 pm on Sunday of the “unsubstantiated but very specific charges” levelled in a recent newspaper advertisement issued by it, citing purported rates under the incumbent BJP regime for appointments and transfers as well as for government contracts.

Reminding the Congress of its duty a recognized national party to comply with the model code of conduct (MCC) and legal framework, the EC in a show-cause notice to the Karnataka Pradesh Congress Committee (KPCC) president – issued after receipt of a complaint from BJP – asked why action should not be initiated against the Congress for violating provisions of the MCC, Representation of the People Act 1951 and the Indian Penal Code.

While Clause 2 of Part 1 of MCC requires parties to avoid criticism of rivals based on unverified allegations or distortion, Section 123(4) of the R P Act deals with false statements reasonably calculated to prejudice poll prospects. Section 171G of IPC provides for a fine against one who makes a false statement in connection with an election.

“You are, therefore, directed to convey the empirical evidence….for rates for kinds of appointments & transfers, kinds of jobs and kinds of commission mentioned in the advertisement, along with any explanation, by 1900 hrs on 7th May, 2023 and also put that in public domain,” directed EC.

The contentious advertisement was published in national and local newspapers in Karnataka on May 5 and put out a “corruption rate card 2019-2023”, indicating amounts charged for posts from the chief minister downwards. It cited specific rates, such as Rs 2,500 crore for chief minister’s post and Rs 500 crore for a ministerial berth, as well as commission allegedly payable for different government deals and contracts.

EC, in its show-cause notice, noted that the advertisement “makes very specific charges” and accuses all levels of government machinery (political & bureaucratic) of being "compromised and saleable”.

“This brings into disrepute the entire administration, which has the potential of fomenting a feeling of distrust and undermining the legitimacy of the governance system at large, which otherwise, inter-alia, is vital for the smooth conduct of the poll itself,” it added.

Stating that it was a fair assumption that the Congress possessed the “material, empirical and verifiable evidence based on which it had advertised the specific or explicit ‘facts’ on corruption rates, EC asked it to be shared so that electors are not misled and can make an informed choice.

“While the general references and allusions to the alleged lack of achievement, misdeeds, not ensuring corruption free governance of political opponents do float in the political campaigns, specific accusations and charges need to be segregated as the same must be backed by verifiable facts,” said the poll panel.

EC, while recalling its advisory to all parties dated May 2, reiterated that parties are expected to uphold high standards of public discourse and adhere to the various provisions of MCC and relevant laws.