Introduction:

In a noteworthy decision, the Gujarat High Court quashed an FIR against former MLA Vibhavriben Vijaybhai Dave, ruling that chanting “Modi hai toh mumkin hai” and displaying the victory sign does not constitute election canvassing. The judgment delves into the interpretation of Section 130(1)(a) of the Representation of the People Act, 1951, highlighting the distinction between permissible gestures and actual canvassing for votes.

Arguments:

Senior Counsel JS Unwala, representing Vibhavriben Vijaybhai Dave, contended that the alleged act of displaying a victory sign and uttering the phrase did not amount to canvassing for votes under Section 130(1)(a). The counsel emphasized that the provision only deems an act as an offence if it occurs at the polling station on the polling date or within 100 meters of any adjacent public or private place. The petitioner argued that the specific actions attributed to Dave did not fall within the ambit of canvassing.

Court’s Judgement:

Justice Cheekati Manavendranath Roy, in his ruling, stated that merely showing a victory sign and uttering the words “Modi hai toh mumkin hai” after casting a vote does not constitute an act of canvassing for votes. The court highlighted that no elector at the polling station complained about Dave’s actions amounting to canvassing. Justice Roy observed that the word “canvassing” is not explicitly defined in the Representation of People Act, 1951, and hence, the general and literal meaning of the term is considered.