Submissions in Modi poll code breach case to be heard on October 9

Ahmedabad: A court on Friday asked an Aam Aadmi Party (AAP) petitioner to make his submission in the case of alleged poll-code violation by Prime Minister Narendra Modi, on October 9. The Chief Judicial Magistrate (CJM) AU Jhujharu of Ahmedabad Rural court told advocate KR Koshti of AAP member Nishant Verma that he would hear the submissions on October 9.

The court has asked the applicant to make his submission on whether the closure summary report filed by the city crime branch in the Metropolitan court is just, fair and proper or not, and whether they can argue with the closure report filed in another court.

Besides, the CJM court will also hear the AAP member's submission on registration of a new First Information Report (FIR) in the same case under IPC sections 126, 114 and 171(c) and also under section 130 of the Representation of People's Act (RPA). Verma had alleged, in the plea, that police had lodged an incomplete FIR and he had sought additional charges against Modi for displaying his party symbol on the poll day.

On April 30, 2014 when the voting was underway on the 26 Lok Sabha seats of Gujarat, Modi had addressed a press conference immediately after he cast his franchise in a school in Ranip area of the city and displayed his party's symbol Lotus with his inked finger.

On the directives of the Election Commission, crime branch had lodged an FIR against Modi on April 30 under the IPC sections 126 (1)(a) of RP Act, for holding public meetings,under section 188, for violating election notification and CrPC section 144, which prohibits more than four people from gathering for a specific purpose. On this, the city crime Branch filed a closure report before the Metropolitan Court here on August 8 giving a clean chit to Modi.

Later on August 22, Metropolitan Magistrate MH Patel had also accepted the same report. While Verma, in his complaint before the Ahmedabad rural court, had demanded that Modi should be additionally charged under sections section 130 of RPA and IPC sections 114, and 171 (c).

According to section 130 of the RP Act, a person is prohibited from canvassing for votes or exhibit any notice or signs relating to the election within the polling station on the day of the polls, while IPC section 114 stands for the role of an abettor present when the offence is committed.

Section 171(c) fixes the culpability of a person whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.