Few cricket fans see Sachin Tendulkar as anything less than a national icon, but it seems the election commission (EC) sees him as a Maharashtrian first.

“The conferring of the honour of Bharat Ratna on persons belonging to non-poll going States cannot be said to be violation of the Model Code of Conduct,” the election commission has written to RTI activist Dev Ashish Bhattacharya, who had objected to the UPA move.

The EC reply is attached below.
Read more on Bhattacharya’s objection, and his letter to the EC last month: UPA haste a googly for Sachin's Bharat Ratna

Terming the justification as “travesty of justice”, Bhattacharya has written back to the chief election commissioner VS Sampath, saying that “your Letter/Verdict alienates and insults the people of 5 states going to poll, ie, Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Delhi, as if Shri Tendulkar does not belong to them, and instead “is (only) belonging to a non-Poll going state, viz, Maharashtra! Accordingly, would you have stepped in if Shri Tendulkar had domicile in these states?”

Here is the full text of Bhattacharya’s letter:


                                                            December 3, 2013
Shri VS Sampath
Chief Election Commissioner
Nirvachan Sadan
New Delhi-1

Sub: Appeal to review the Letter/Verdict dated November 27, 2013 from your office

Ref: My complaint to you dated November 17, 2013 on MCC Violation by Hon’ble Prime Minister by his recommendation of Bharat Ratna to Shri Sachin Tendulkar while election process was underway in 5 states of the Union

Dear Shri Sampath,

The MCC administered by the Hon’ble Election Commission (EC) is the bedrock of fair elections in the Republic.

It is thanks to the MCC that during elections a ruling party/alliance is unable to misuse its position in any manner.

A tradition has therefore been set whereby important decisions vital to the functioning of the Government, which may impact voters in states undergoing elections, carry on unhindered but only after explicit consent of the EC.

I am sad therefore to note that the EC has decided not to invoke the MCC in the case of Bharat Ratna to Shri Tendulkar even though the Prime Minister’s decision was taken in the midst of election process in Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Delhi.

It is a clear travesty of justice that the reason cited in your Letter/Verdict of November 27, 2013 is: “that during the election process, the normal functioning of the Government does not come to a stand still (and) the conferring of honour of ‘Bharat Ratna’ on persons to non-poll going States cannot be said to be violation of Model Code of Conduct.**”

I emphasize on travesty of justice because:

1)    declaration of ‘Bharat Ratna’ can hardly be justified under “normal functioning of the Government,” without which, normal functioning would have “come to a stand still.”

2)    your Letter/Verdict brackets Shri Tendulkar, a youth icon and the subject of national pride, into the narrow confines of his state of domicile, ie, Maharastra!

3)    your Letter/Verdict brackets ‘Bharat Ratna,’ the nation’s supreme honour, in the same confines

4)    your Letter/Verdict alienates and insults the people of 5 states going to poll, ie, Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Delhi, as if Shri Tendulkar does not belong to them, and instead “is (only) belonging to a non-Poll going state, viz, Maharashtra! Accordingly, would you have stepped in if Shri Tendulkar had domicile in these states?

It is also evident from your reply that the Prime Minister/PMO did not take EC into confidence on the aforementioned decision. I would appreciate a confirmation on this point once again as this is the subject of my RTI complaint to EC as well as PMO.
I am available to depose before the Hon’ble EC just so that this important precedent of apparent violation of MCC is never repeated or misused as a precedent by future governments and ingenious personnel advising them.

Kind regards,