Election reforms activist Commodore Lokesh Batra has asked chief election commissioner (CEC) Rajiv Kumar to issue a new clause in the Model Code of Conduct to prohibit the “politicisation of the armed forces”.

In an open letter to the CEC on Sunday, the veteran asked that the EC’s 2019 advisory to parties and candidates to desist from “political propaganda involving activities of defence forces” be codified. This, he told The Telegraph, would enable the poll panel to punish violations effectively.

Batra wrote: “With elections due in a few weeks from now — it is particularly important that in this regard, the Election Commission of India (ECI) issues statutory clauses in the Model Code of Conduct.”

On March 9, 2019 — a day before the parliamentary elections were declared — the poll panel had iterated its 2013 advisory against the use of photos of “defence personnel by political parties” for “election propaganda”.

The commission’s missive came after former naval chief Admiral L. Ramdas complained about BJP posters that featured an image of Wing Commander V. Abhinandan, who was released by Pakistan after his fighter jet was shot down over its airspace.

The poll panel later extended this advisory to social media as well, and on March 19 that year issued another advisory against any electioneering about the armed forces. The poll panel issued a notice to the Uttar Pradesh chief minister for using the term "Modi ji ki sena" in a speech in Ghaziabad on March 31, in an apparent reference to cross-border strikes by Indian forces.

Prime Minister Narendra Modi, however, made references to an Indian airstrike in Pakistan in subsequent speeches during the campaign.

On April 9, 2019, he said in Latur: “My first-time voters, can you dedicate your first vote to the valiant soldiers who carried out the air strike in Pakistan’s Balakot?” He repeated the Balakot pitch in Varanasi on April 25 that year. On April 21, he said in Barmer: “Have we kept it (the nuclear button) for Diwali?” The same day, he said in Patan: “Pakistan announced the return of the pilot… else it was going to be a qatal ki raat.”

Cmde. Batra also complained against a BJP hoarding in Mumbai with the Prime Minister’s image and the caption: “Entered the home of the enemy and attacked the terrorists.”

The poll panel found none of these violative of the election code. Former election commissioner Ashok Lavasa registered dissent notes to these clean chits. He later quit the EC to join the Asian Development Bank.

Batra told this newspaper: “My (open) letter (to the CEC) is to prevent such situations once the MCC is in place for the forthcoming elections.”

The MCC itself does not have the force of law and the EC can either order FIRs, if other laws are violated in addition to the poll code, or restrict a candidate or a star campaigner’s public interactions during the poll period. The advisories on the armed forces made it incumbent upon election officials and social media platforms to take down propaganda that went against them.

Cmde. Batra filed more than 100 RTIs on electoral bonds that were instrumental in building the case against them in the Supreme Court. The court struck down the poll bonds as unconstitutional last month. These bonds provided anonymity to political donors, thereby allowing a legal loophole for potential bribery.