2015-10-06

Gujarat Global News Network, Ahmedabad

A single judge bench of Gujarat High Court (HC) on Tuesday, recused itself from hearing Modi selfie case. A petition was filed in the court accusing then Chief Minister Narendra Modi of violating the model code of conduct and unduly influencing voters in Ranip area by clicking a selfie holding a symbol of Lotus – BJP symbol – while voting during 2014 Lok Sabha elections. The bench presided over by Justice G R Udhwani said “not before me” when the petition came up for hearing.

Notably, the same bench had, on September 28, heard the matter and kept it for Tuesday after the Advocate General, appearing for the State of Gujarat, sought time to produce some judgments in support of their case.

The petition has been moved by one Nishant Varma seeking criminal action against Modi for his act which was allegedly in violation of The Representation of the People Act (RP Act), Indian Penal Code (IPC) and Model Code of Conduct (MCC) of the Election Commission of India..

Varma has alleged that Modi not only did so within 100 metre limit of the polling station, but also did a public meeting there which was in violation of RP Act, IPC and MCC of Election Commission. He had lodged a complaint in this regard with a magisterial court in Ahmedabad Rural after the Ahmedabad City Detection of Crime Branch (DCB) did not register an offence on his complaint. The magisterial court, Varma said, had dismissed his petition on the ground that Ahmedabad Metropolitan Court had already decided a similar, but separate complaint registered by DCB in the case while upholding a DCB report. Against this order of the magisterial court, Varma has approached HC.

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