The Congress party had moved the Supreme Court against what they call as Election Commission’s inaction on Prime Minister Narendra Modi and BJP president Amit Shah’s poll code violations.

The Supreme Court on Monday allowed the Congress party to place on record the Election Commission of India’s orders clearing Prime Minister Narendra Modi and BJP president Amit Shah on charges of poll code violations by delivering hate speeches and misuse of Armed Forces as political propaganda.

Appearing before a Bench led by Chief Justice of India Ranjan Gogoi, senior advocate A.M. Singhvi said one of the Election Commissioners have dissented in “five out of the six orders.” But the EC has not disclosed the reasons given in the dissent. Election Commissioner Ashok Lavasa is believed to have dissented.

Mr. Singhvi said he could manage to access some of the orders and they all quote “identical reasons” for giving Mr. Modi a clean chit.

“There are six to seven orders now... All of them are unreasoned. Five of the six orders have been dissented. They have not been supplied to us. This has come 30 to 40 days after we filed the complaints,” Mr. Singhvi submitted.

Despite objections from the ECI, the Supreme Court had on May 2 put the poll body on the clock, giving it time till May 6 to take a final call on complaints filed by the Congress party against Mr. Modi and Mr. Shah.

Mr. Singhvi said the time has come for the apex court to intervene with the ECI to lay down conditions, including a deadline, for dealing with poll code complaints.

“The court's intervention, if not too late for this election, will in the long run benefit the country and future elections,” Mr. Singhvi submitted.

Next hearing on May 8

Allowing Mr. Singhvi's request to put the available ECI orders on record, the court listed the case for hearing on May 8.

In one of the most direct attacks against the ECI, the 146-page petition filed by Congress lawmaker Sushmita Dev, also represented by advocate Sunil Fernandes, alleged there was one set of rules for Mr. Modi and Mr. Shah, and another for the rest of the candidates.

Congress party said several representations of violation of Model Code of Conduct (MCC) were moved in the Election Commission so far, but no action has been forthcoming from the poll body which should be devoted to the concept of free and fair elections in a democracy.

The delay in action, the Congress party said, was deliberate.

Since March 10, the date on which General Elections 2019 were notified, Mr. Modi and Mr. Shah have “specifically in sensitive areas and States, ex-facie violated the provisions of the Representation of the People Act and the Election Rules and the process.

“It is in public domain that they have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition on the same by the ECI,” the petition said.

The petition narrates how “the Prime Minister in blatant violation of the MCC held a rally on the day of polling in Gujarat on April 23, 2019 i.e. date of voting for the third phase of the election.”

The petition details the various reported utterances of Mr. Modi, which allegedly violated the MCC, from portraying Rahul Gandhi's choice of Wayanad as “a seat where the minority is majority” to the calling for votes in the names of the CRPF soldiers killed in a terrorist attack in Pulwama.

The petition alleged that the lack of action by ECI against Mr. Modi and Mr. Shah is a “tacit endorsement” of their statements and clean chit to the individuals.

“Inaction on the part of the ECI is a sign of invidious discrimination and is arbitrary, capricious and impermissible... certain selected very powerful individuals have been permitted to gain an unfair electoral advantage by their material infractions of the RP Act, Election Rules and the MCC,” the petition said.

Such brazen violations are neither minor nor procedural, in any manner.

Recounting how leaders like Mayawati were banned from campaigning for 72 hours for violating the MCC, the lack of action against the Prime Minister and the BJP president despite cogent evidences, representations and exhortations to the ECI “demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field in ensuing General Elections for the Lok Sabha.”

“The inactions, omissions and commissions by the Respondent/ECI are in complete and direct violation of Articles 14 and 21 of the Constitution and which are impeding free, fair and unbiased General Elections, 2019,” the petition said.