The Bombay High Court instructed the Magistrate to review the complaint against the Delhi Chief Minister Arvind Kejriwal regarding the issuance of summons.
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MAHARASHTRA: The Bombay High Court has intervened in the case involving Delhi Chief Minister Arvind Kejriwal, concerning allegations of violating the Model Code of Conduct during the 2017 Goa election campaign. The court’s decision to quash the summons issued by a magistrate in Goa’s Mapusa marks a significant moment in the ongoing dialogue about political speech and electoral conduct in India.
The complaint, initiated by the Election Commission of India (ECI), accused Kejriwal, who is also the National Convenor of the Aam Aadmi Party (AAP), of improper electioneering tactics. Specifically, it was reported that Kejriwal had encouraged voters at an election rally to
“accept cash from all political parties but to vote only for AAP.”
This statement led to the issuance of summons by the Judicial Magistrate First Class Mapusa, alleging violations of the Representation of the People Act and the Indian Penal Code.
However, the relief granted to Kejriwal by the Bombay High Court is not the end of the matter. The court has directed the Magistrate to revisit the issue from the stage of issuing summons, implying that the case will be re-evaluated from a procedural standpoint. This decision underscores the complexities involved in interpreting political speech within the framework of electoral laws and the Model Code of Conduct.
The division bench of Justices MS Sonak and Valmiki SA Menezes, responsible for this judgment, has yet to release a detailed copy of their decision. This forthcoming document is anticipated to provide further insight into the court’s rationale and the legal nuances of the case.
The quashing of the summons has been publicly noted by Amit Palekar, who shared the news on social media, highlighting the High Court of Bombay at Goa’s decision in favor of the Delhi CM and AAP National Convenor. This development is particularly significant as it touches upon the broader issues of electoral integrity, free speech, and the legal boundaries of campaign practices.
As the case is set to be reconsidered by the Magistrate in light of the High Court’s directive, it represents a pivotal moment for electoral jurisprudence in India. The outcome may have lasting implications for how electoral conduct is regulated and interpreted by the law, especially in the context of the dynamic and often contentious arena of political campaigning.
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