FIR registered against Modi for violation of poll code

The Ahmedabad Police on 30th April has registered a first information report (FIR) against the Bhartiya Janta Party’s (BJP) prime ministerial candidate and Gujarat’s chief minister Narendra Modi, for violating the model code of conduct.

The FIR was lodged as the Election Commission (EC) ordered it within hours of Modi stepping out of a Gandhinagar polling booth after casting his vote, flashing his party’s election symbol and addressing the media. All of Gujarat’s 26 Lok Sabha seats went to polls as part of the seventh phase of elections on Wednesday.

Soon after coming out of the booth, Modi took a selfie of his inked finger and BJP’s lotus symbol and sat down to deliver a speech in front of dozens of television cameras. In its order, sent to the Gujarat chief secretary and director general of police (DGP), EC said Modi’s actions violated election laws, so an FIR should be lodged against him and a compliance report sent to the panel by 6 pm.

EC also asked the Gujarat administration to lodge FIRs/complaints against all TV channels and other electronic media that carried the proceedings of the meeting and displayed the election matter.

BJP spokesperson Meenakshi Lekhi claimed the press conference was impromptu. “It is a technical issue. We believe Modi didn’t violate the model code of conduct. It wasn’t a planned press conference,” Lekhi said, adding a reply to EC’s notice would be sent soon. “EC is a constitutional authority and BJP respects the institution and would abide by its order,” she said.

According to senior BJP leader Arun Jaitley, if the poll panel has ordered an FIR against television channels for asking questions, the legality of the issue is in question.

EC said in its order that it saw Modi’s video recording after he cast his vote and his actions amounted to displaying to the public election matter by means of television in areas going to polls.

According to the Election Commission, Modi violated the provisions of Section 126 (1) (a) and (b) of the Representation of the People Act, 1951, by holding the meeting and addressing it “when the polling was going on in the entire state of Gujarat and in different parts of the country”. Punishment for violating the section is imprisonment for up to two years, or a fine, or both.

What is Section 126 (1) (a) and (b) of PR Act 1951?

Section 126 (1) (a) and (b), there is a prohibition on public meetings for 48 hours ending with the hour fixed for conclusion of polls. It says “no person shall: (a) convene, hold or attend, join or address any public meeting or procession in connection with an election and (b) display to the public any election matter by means of cinematograph, television or other similar apparatus.”

Source: http://cablequest.org/news/national-news/item/4744-fir-registered-against-modi-for-violation-of-poll-code.html
Source: http://cablequest.org/news/national-news/item/4744-fir-registered-against-modi-for-violation-of-poll-code.html