While the ‘Modi surname’ comments made by Rahul Gandhi in 2019 have landed him a two-year sentence and consequent disqualification as Lok Sabha MP, the Election Commission of India chose not to take any action on the same when it was red flagged to it by the BJP in a May 7, 2019 complaint, ET has gathered.

On May 7, 2019, the BJP submitted a memorandum to the ECI with a ‘complaint against repeated, intentional and brazen violations of The Representation of The People Act 1951 and model code of conduct by Rahul Gandhi’.

The memorandum listed 11 complaints against Rahul Gandhi including the controversial Modi surname statement made by him “while addressing a rally at Kolar, Karnataka” in April 2019.

The ECI, however, did not take any decision or action on the BJP’s complaint number 7 at that time.

Sources said the poll panel chose not to take any decision/action on the same considering that the Lok Sabha poll period was drawing to a close. The 2019 Lok Sabha elections were held in seven phases starting April 11, 2019, and ended on May 19.

“The model code related action is taken to ensure a level playing field. Action, if any, like campaign ban, advisory and so on would have little or no consequence at that stage as the campaign period had almost wrapped up. Hence, the Commission did not take any decision on the BJP’s complaint at that time,” top ECI sources confirmed to ET.

In case the ECI finds a speech violative of the model code of conduct guidelines, action is taken by ECI in the form of advisories/cautionary warnings or even a campaign ban, as it deems fit. The same is announced by the ECI on its website and is also communicated to the complainant. Neither was done by the ECI in this case.In fact, nearly 18 model code complaints, including many against Gandhi, were pending final decision at the poll panel at that time and also became a talking point.

ECI did not respond to ET’s formal queries on whether the BJP’s complaint against Rahul Gandhi was studied and assessed at all by it on the model code violation parameters.

A senior BJP leader confirmed that several complaints were made to the ECI against Rahul Gandhi’s speeches during the 2019 campaign and it was the poll panel’s discretion to act on them.

On May 7, 2019, a BJP delegation including Bhupender Yadav, Mukhtar Abbas Naqvi, Sanjay Mayukh, Vijendra Gupta among others, submitted a memorandum to the ECI on the various ‘instances of brazen, blatant and utterly false and unverified and unsubstantiated allegations of Rahul Gandhi. There is a pattern and design and it continues unchecked and unabated’.

“While we have brought such instances to the notice of the commission from time to time, we had also hoped that the Electoral Officers of the states would take suo moto cognizance and take affirmative action to stop these senseless accusations. In any case, we are yet to see any action, whatsoever, against the wilful defaulters who have so audaciously based their entire electoral campaign on a bunch of lies right under the watchful vigil of the Commission. We request the Commission to take immediate action against the spread of falsehoods and violation of the election code and model code of conduct,” the memorandum said.

It added that while the BJP was quite capable of countering such ‘false charges’, it is the Commission which has to take a view on, as to whose writ shall run and what shall be the code that every party in the electoral fray shall follow.

“We seriously apprehend that if this goes unchecked by the Commission, its credibility in the public perception shall stand seriously dented”, the memorandum added.