Former Madhya Pradesh CM Kamal Nath moves Supreme Court against EC decision to delist him as 'Star Pracharak' for upcoming by-elections

President of the Madhya Pradesh Congress Committee and former Chief Minister of the State Kamal Nath has moved the Supreme Court challenging the October 30 decision of the Election Commission of India (ECI) to delist him as a 'Star Pracharak' (star campaigner) for the upcoming by-elections. .The plea filed by Advocate-on-Record VKC Law Offices and drafted by Advocates Varun K Chopra and Gurtejpal Singh states that the October 30 order of the poll body is illegal, arbitrary, and unreasoned..The order is passed in complete violation of basic canons of natural justice and in negation of fairplay and therefore, deserves to be quashed. Further, no notice has been issued to the Petitioner with regard to the impugned Order in complete violation of principles of natural injusticeReads the plea.Nath in his plea states that ECI had already passed an order on October 26 on the same complaint by BJP and had advised the Congress leader to not use such words. However "punishing him again" by an October 30 order is "completely in teeth of principles of fair play and res judicata.".In its order, the ECI had stated that Nath's star campaigner status was being revoked for "repeated violation of the Model Code of Conduct" and for "complete disregard" of warnings issued to him. According to ECI, Nath, being a leader of a political party, had repeatedly "breached ethical and dignified behaviour"..However, Nath has claimed in his plea that such an order is "illegal" and in "violation of his and the Congress' constitutional and statutory rights.".The difference between a campaigner and a Star Pracharak is that for the former, the cost of his travel, stay and everything else will be from his limited poll expenses. On the other hand, a star campaigner's expenses go to the party account and can be unlimited..Kamal Nath had earlier been warned by the Election Commission after he used the word "item" for a woman BJP candidate, a former Congress leader among the 22 MLAs whose exit led to the collapse of his government in March..Campaigning in Dabra, he had mocked BJP's Imarti Devi, saying the candidate was a "simple person" unlike his rival, who was an "item".In a notice, the poll panel had warned the senior Congress leader against the use of "such words or statements" when the Model Code of Conduct was in effect..The petition in SC goes on to allege that leaders of Bhartiya Janata Party have been repeatedly making statements ex-facie in violation of MCC during the period of campaigning for the by-elections. "However, no such action has been taken against such persons by the ECI," says Nath in his plea. .On Octiber 24, Smt. Emarti Devi of BJP used the words ‘luccha’ ‘lafanga’ ‘kabadi’ ‘pagal’ for Kamal Nath and further called Nath's sister and mother as ‘items’Says the plea.The petitioner has claimed that Election Commission of India did not issue any notice to Nath before passing the order to take away his star campaigner status. "ECI cannot arbitrarily revoke the name of Petitioner from the list of ‘star campaigners’ when the entire statutory framework of Section 77(1) of Representation of People Act, 1951 does not grant such powers to the ECI," says the plea. .Nath was also recently pulled up by the Madhya Pradesh High Court, which had directed the registration of FIRs against him and Union Minister Narendra Singh Tomar for alleged violation of COVID-19 norms during election campaigns.This order was stayed by the Supreme Court earlier this week..Supreme Court stays Madhya Pradesh HC order directing virtual campaigning in by-elections, asks Election Commission to take charge of issues.By-elections will be held on November 3 to fill 28 vacant seats in the Madhya Pradesh assembly. Most of these fell vacant when Congress leader Jyotiraditya Scindia defected to the BJP earlier this year, along with 21 other MLAs.As a consequence of then shift, Kamal Nath's Congress-led government fell and the BJP returned to power. The BJP needs to win at least eight of these seats to stay in power. If at all the Congress manages to win all 28, it can make a comeback attempt..The former MP CM state that restriction on speech and expression, that too in a manner "that is arbitrary and contrary to natural justice, restrains the free exchange of ideas to the voter for making an informed choice." "It thus negates the fundamental right of the Petitioner to have freedom of speech and expression and the fundamental right of voters to know," says the plea.