Poll code violation: Drop proceedings against PM Narendra Modi, says Court

Magistrate also accepted report of investigating agency that said that no offence was committed by Modi by addressing media on April 30

A local court in Ahmedabad on Friday ordered to drop all proceedings against Prime Minister Narendra Modi for alleged violation of election code of conduct during the Lok Sabah elections in April this year. The order comes after the the complainant in the case police inspector H A Rathod did not take any objection to the clean chit given by the investigating agency.

On August 8, the Ahmedabad crime branch had submitted a closure report in the case which meant that the investigating agency did not found evidence against the accused for which he or she could be prosecuted.

Additional Chief Metropolitan Magistrate M H Patel on Friday accepted the closure report filed the investigating agency, Ahmedabad Crime Branch and directed that all proceeding initiated against Modi for alleged violation of polls code be dropped in absence of any proof.

The magistrate also accepted the report of the investigating agency that said that no offence was committed by Modi by addressing the media on April 30, after he voted at a polling booth in Ranip area of Ahmedabad. He also agreed with the finding of the probe officer that Modi had not violated poll code by holding his party symbol ‘lotus’ while showing his inked finger, as it was outside the prescribed limit from the polling booth.

The magistrate in its order accepted the crime branch’s version that Modi took selfie with BJP’s symbol ‘lotus’, but it was a white lotus. “The tone-tenor and language used by Modi in the media interaction and the display of white lotus symbol by him do not come within the ambit of display of election matter as envisaged under section 126(1)A and 126(1)B of the Representation of People Act,” the court said.

On April 30 while polling for Lok Sabha elections were on in Gujarat Modi had addressed a meeting after casting his vote in Ranip Area.

During the meeting Modi was seen holding his party symbol ‘lotus’ while showing his inked finger. He also clicked a ‘selfie’ and posted it on his Twitter account.

Following this an FIR was filed against Modi and others on directions of the Election Commission of India for violation of provisions of Sections 126 (1) (a) and 126 (1) (b) of Representation of People (RP) Act 1951, for holding public meeting, under IPC section 188, for violating election notification and CrPC section 144 which prohibits more than four people from gathering for a specific purpose.

As per the section 126 (1) (a) of RP Act, there is a prohibition of public meetings during period of 48 hours ending with hour fixed for conclusion of poll.