Chanting ‘Modi hai toh mumkin hai’ is not canvassing, and hence it is not violation of the election model code of conduct, the Gujarat High Court has ruled.
Quashing an FIR lodged against a former BJP minister of state for education, Vibhavari Dave for doing this in a polling booth in 2019, the HC said chanting ‘Modi hai toh mumkin hai’ with showing victory sign did not amount to election canvassing.
Dave was booked under Section 13(1)(a) of the Representation of the People Act, 1951 at Neelambaug police station in Bhavnagar in April 2019.
The FIR was filed after complaint was made on the basis of a video that went viral on the social media platforms showing Dave chanting ‘Modi hai toh mumkin hai’ and showing victory sign. This was considered poll code violation because canvassing is not permitted within 100 metres of a polling booth.
Dave moved the HC for quashing of the FIR contending that chanting the slogan does not amount to canvassing. She had not canvassed for any candidate contesting the polls from the seat where she was casting her vote. Since there was no canvassing for a candidate, her gesture did not amount to violation of the poll code.
Justice CM Roy accepted her contentions and quashed the FIR for poll code violation with an observation, “Mere showing the sign of victory with two fingers of the hand by the petitioner or by mere uttering the words that ‘If Modi is there then everything is possible’ does not amount to doing an act of canvassing for votes.”
The court further noted, “No elector, who is present at the polling station, complained that the petitioner has by way of showing that victory symbol or uttering the said words canvassed for votes at the polling station.
Further mere expressing herself by way of said gesture and uttering said words, in the considered view of the Court, will not amount to committing an act of canvassing for votes. The word “canvassing” is not defined in the Representation of People Act, 1952. Therefore, we have to go by the general and literal meaning of the said word.”
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