The party has contended that when Mr Modi emerged with the tie pin still held in his hand, the media which had assembled outside the booth engaged him in a sound byte.
"The entire episode was impromptu; the interaction was not preplanned or organized. In fact, it was the lapse on the part of the local election authorities to have allowed audio video equipment in the vicinity of the polling station, in which a celebrity was registered as a voter," the party said, adding that "certainly sound bytes are not public meeting".
It also asked the EC if it can legally extend the scope of Section 126 to cover anything other than public meetings like Press Conferences, Press Briefings and workers meeting.
"It is feared the Commission does not have the powers to do so. Any such addition would fall within the legislative competence of the Parliament alone," Ramakrishna said.
"Section 126 is a clearly enunciated law which confines itself only to a prohibition of a public meeting. Invoking Article 324 of the Constitution also amounts to over reaching by the Election Commission of India since residuary jurisdiction which is all permitted to the ECI by Article 324 cannot impact areas already occupied by law," he said.
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