Ahmedabad: An AAP worker has moved the Gujarat High Court against a magistrate's order upholding police's clean chit to Prime Minister Narendra Modi for an alleged breach of election rules when voting was underway for last year's Lok Sabha elections here.
Nishant Verma, member of local unit of AAP, yesterday filed the petition which may come up for hearing next week.
Chief judicial magistrate of Ahmedabad rural court S R Sinh had on May 11 dismissed Verma's petition seeking action against Modi saying that there was no substance in the complaint.
As the voting was underway for Lok Sabha polls in Gujarat on April 30, 2014, Modi, the then BJP's Prime Ministerial candidate, addressed the waiting media after casting his vote at a school in Ranip here. He also took selfies with a miniature lotus, BJP's poll symbol.
Following an uproar over this, the Election Commission directed the city crime branch to register an FIR and probe alleged breach of poll laws by Modi.
Police registered the FIR under section 126 (1)(a) of Representation of the People Act (RPA) for holding a public meeting, section 188 of IPC for violating election notification and section 144 of Criminal Procedure Code which prohibits unlawful assembly.
Verma approached the magistrate's court and demanded a probe against Modi for additional charges including under section 130 of RPA which prohibits canvassing for votes or exhibiting any notice or signs related to election in the polling station on the day of election.
The crime branch had last August filed closure report before the metropolitan magistrate, stating that Modi had committed no offence.
Verma's application for probe on additional counts too was rejected by the Ahmedabad rural court. He has now challenged the ruling before the HC.