The plea was filed by AAP worker Nishant Verma, who had earlier moved his main application seeking registration of an FIR against Modi for not mentioning his marital status in his affidavit filed before the returning officer during the 2012 Assembly elections.
In the second application filed before the Ahmedabad district sessions court, Verma sought issuance of notices to Modi and the returning officer of Maninagar seat in 2012 P K Jadeja for compliance of CrPC section 401(2) which seeks to provide an opportunity of hearing to the accused or suspects.
According to Koshti, the magisterial court had taken cognisance of the offence, but did not initiate the process in the case.
He submitted before the court to issue the notices to the accused to give them an opportunity to be heard so that proceedings or order which may be passed by the court, will not be rendered ineffective.
While the state government has objected to the new plea filed by Verma and submitted before the court that it was not yet time for the accused to be sent notices.