Bihar Assembly Election 2025: Amidst the Bihar Assembly elections, the troubles of Union Minister and Janata Dal United leader Lalan Singh are showing no sign of stopping. The Election Commission has issued him a notice for violation of the Model Code of Conduct. Along with this, the Commission has given 24 hours time to Lalan Singh to reply to the notice. In fact, Lalan Singh, who is campaigning for Anant Singh in Mokama, is allegedly heard saying in a video that ‘He is a leader, he is not allowed to leave the house on the day of voting. Have to pack it at home, if you add too much hands and legs, then take it with you and let the vote fall. In the meantime, let us know what action the Election Commission can take in such a case.

violation of code of conduct

The code of conduct is enforced by the Election Commission to ensure free and fair elections. Any attempt to threaten, influence or put pressure on voters is considered a corrupt practice under the code of conduct. In such a case, the Election Commission first seeks clarification from the accused leader or candidate and issues a notice. If no satisfactory reply is received by the candidate or the accused leader, the Election Commission can initiate disciplinary and legal action. Along with this, the Commission can also issue warnings, impose restrictions on campaigning, or in serious cases, disqualify candidates found guilty of misconduct.

provisions of the Indian Judicial Code

Voter intimidation is a criminal offense under the Indian Judicial Code. In this, Section 174 of the Indian New Code refers to undue influence and Section 351 classifies criminal intimidation. Under Section 174, whoever exerts undue influence or impersonates in an election can be punished with imprisonment of up to one year, or with fine, or with both. Along with this, in Section 351, if the threat is to harm a person’s body, reputation or property, then there is a provision of imprisonment of up to 2 years, fine or both. If the threat is serious enough, such as causing death or serious injury, the punishment can be up to 7 years and the fine can also increase.

powers of election commission

The Election Commission of India has many powers under Article 324 of the Constitution to strengthen the fairness of elections. In such cases, the Commission can ban leaders from campaigning for a certain period. Along with this, if information about threat is received then voting in the affected polling centers can be suspended or canceled.

If anyone is found guilty of using illegal means to influence voters, then a recommendation can be made to disqualify a candidate under the Representation of the People Act 1951. Along with this, the Representation of the People Act 1951 clearly defines corrupt practices like bribery, undue influence and intimidation of voters. These offenses are very serious, resulting not only in disqualification but also criminal prosecution.

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The hearing of the case related to the Special Register of Indian (SIR) has started in Bihar in the Supreme Court. During this time, senior Congress lawyer Kapil Sibal said that it is very important to decide whether Aadhaar can be recognized as evidence of citizenship or not. He said that some steps being taken by the Election Commission are not in line with the orders of the Supreme Court and it should be given immediate attention.

During the hearing, the judge asked Sibal, “We are unable to understand why you put so much emphasis on the basis of every hearing? Are you considering it as evidence of citizenship?” Kapil Sibal clarified, “We are not saying so, but the court order said that Aadhaar should also be recognized. Taking a decision on this basis should be part of the judicial process.” Kapil Sibal said in front of the court that it is necessary to decide whether the Aadhaar is valid or not. He also questioned the Election Commission and said that the action that the Commission is taking is wrong and the orders of the Supreme Court are not being followed.

During the hearing, the judge asked this question

During the hearing, the judge asked, “We are unable to understand why you are giving so much emphasis on the basis of every hearing? Are you considering it a proof of citizenship?” On this, Sibal clarified that his aim is not to present Aadhaar as a proof of citizenship. He said, “We are not saying so. But the court had earlier ordered that Aadhaar should also be accepted.”

Kapil Sibal gave this argument

Kapil Sibal further said that BLO (BOTH Level Officer) is not accepting this, while he has received its oral order. He told the court that it is necessary to give clear instructions in this case. He further said that the Election Commission has issued a ‘show cause’ notice to those officers who did not accept Aadhaar. He said that the court needs to give clear guidelines so that the order of the Supreme Court can be ensured.

Notice of notice

The judge asked to see the notice. Sibal read it and narrated it. After this, Election Commission lawyer Rakesh Dwivedi explained the situation to the court. He said that the order of the Supreme Court has been widely publicized and people are also uploading copies of Aadhaar online, but clarified that the Commission cannot consider Aadhaar as evidence of citizenship. The judge questioned the topic of the notice that no other documents other than 11 documents could be accepted for citizenship. Dwivedi said that he has to see this, because he does not have the notice of another party.

“Aadhaar will be considered a proof of identity”

The judge clarified that in addition to passport and birth certificate, no other documents of 11 documents can be considered as evidence of citizenship. Sibal proposed that Aadhaar should be declared as 12th document. The judge said, “Aadhaar is not a proof of citizenship, but under the Representation of the Public Representation Act, it can be recognized as evidence of identity.”

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