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HC rejects PIL against BJP declaring Modi as PM candidate

It also questioned under which law such a declaration by a political is prohibited

Press Trust of India New Delhi
The Delhi High Court today refused to entertain a plea challenging BJP's declaration of Narendra Modi as its Prime Ministerial candidate for Lok Sabha elections.

A bench of Chief Justice G Rohini and Justice Pradeep Nandrajog declined to hear the petition, which also sought a ban on advertisements projecting Modi as BJP's PM candidate, saying there is no public interest in it.

It also questioned under which law such a declaration by a political is prohibited.

"Which law prohibits it? Sorry, we don't find any public interest in this," the bench said.

The order came on the petition, filed by Satish S Kambiye and Kedar Kumar Mandal through their advocate Nitin Meshram, in which they had questioned the constitutional validity of fielding a candidate for the Prime Ministerial post, saying that as per the Constitution, the PM is chosen by the Members of Parliament.
 
Meshram said outside the court that his clients are likely to move the Supreme Court against the high court's decision.

They had also sought a partial ban on advertisements in print and digital media propagating Modi as BJP's Prime Ministerial candidate.

In their plea, they had contended making such an announcement may go against the concept of free and fair elections.

"India's parliamentary democracy does not allow the Prime Minister to be directly elected by the people. Then how, political parties are allowed under the current electoral system of India to declare a candidate for the post of Prime Minister"? the petition said.

The petitioners contended that publicly announcing a Prime Ministerial candidate would result in having an impact on the sub-conscious mind of voters.

"Such propagandas are planned to have an unfair advantage during elections," the petition said seeking a ban on all such declarations.

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First Published: Apr 23 2014 | 7:42 PM IST

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