In his letter, O’Brien wrote, “It has come to our attention that the Prime Minister, Mr. Narendra Modi, has purportedly penned a letter dated 15.03.2024 which has been addressed to “My dear family member”, wherein, he has highlighted various programmes/schemes initiated by the BJP-led Central Government over the past decade. The said letter has been mass-circulated through WhatsApp directly to various citizens across the country.”
He wrote, “Shockingly, Mr Modi’s letter is accompanied by a message which reads as follows: “This letter has been sent by the Government of India under the leadership of Hon’ble Prime Minister Narendra Modi Ji. In the last 10 years, more than 140 crore citizens of India have directly benefited from different schemes of the Government of India and will continue to benefit in the future”. Admittedly, the message clarifies that the Government of India is sending the message under the aegis of Mr. Modi, who is also a contesting candidate set up by the BJP from the Varanasi Lok Sabha constituency.”
He claimed, “Therefore, in no uncertain terms, this is a blatant admission that Mr. Modi and the BJP is using the Central Government’s revenues to reach out to the electorate to discuss BJP’s programmes/schemes. Though the aforesaid letter is dated 15.03.2024, it has been circulated and received by the electorate on 16.03.2024 after the Model Code of Conduct came into effect on and from at 3:00 PM. Therefore, the same is a clear violation of the MCC and it disregards the guidelines set forth by the ECI. Copies of the said letter dated 15.03.2024 along with the message sent by the Government of India are collectively enclosed herewith.”
Then he wrote mentioning the rule of MCC, “In this regard, it is stated that Chapter 6 of the Manual of Model Code of Conduct (Publication of Advertisements at the Cost of Public Exchequer) clearly lays down that, “Government advertising shall maintain political neutrality and avoid glorification of political personalities and projecting a positive impression of the party in power or a negative impression of parties critical of the government”. The same has been notified by the Election Commission of India on the basis of the Supreme Court’s guidelines in Common Cause v. Union of India reported in (2015) 7 SCC .1 Hence, no government can publish and circulate biased advertisements/messages in favour of a political party at the cost of public exchequer during enforcement of MCC.”
He added, “By using the office of the Prime Minister, the BJP has issued the aforesaid letter at the cost of the public exchequer under the guise of a message seemingly sent by the Government of India. Such mass circulation is nothing but an appeal to the voters in favour of the BJP and Mr. Modi, thereby flouting the mandate of the Election Commission of India issued through the MCC.
In the light of above, you are called upon to forthwith take necessary steps by ensuring: Issuance of appropriate directions to the BJP and its candidate, Mr. Narendra Modi, to withhold from future campaigns at the cost of the public exchequer; Issuance of appropriate directions to book the instant expenditure into the accounts of the BJP and M.r Narendra Modi against the head “election expenditure”; Issuance of appropriate directions to withdraw the instant letter dated 15.03.2024.”
“These actions are essential to uphold the principles of fairness and transparency in the electoral process and to ensure a level playing field for all political parties,” wrote O’Brien.