BENGALURU: Election officials have the authority to search and confiscate materials only after elections are announced by the Election Commission of India, the Karnataka high court has said and ordered authorities to release the 530 bags of rice confiscated by officials in Bengaluru on March 19.
The Election Commission of India announced the schedule for the state elections - Karnataka will vote on May 10 - only on March 29.
Isthiyak Ahmed, a resident of Shivajinagar, petitioned the high court for relief, complaining that the Election Commission’s local Returning Officer seized 530 bags of rice of 25 kg each from his residence on March 19 and then issued him notice. But the bags were not returned, leading Ahmed to petition the high court.
In a recent verdict, justice M Nagaprasanna held that election officers do not have any jurisdiction to search any premises and seize any material before the announcement of elections.
“After the declaration of elections, the entire domain would be open, but not till then. Seizure is to be exercised by the authority/officers under the Essential Commodities Act, 1955, under normal circumstances. The Returning Officer and the Inspector of Police, who have conducted the search in the case at hand were not vested with such authority and their action is, therefore, illegal,” the court observed, according to news agency PTI.
Ahmed claimed in his petition that the rice was to be distributed to the poor during festivals. He was directed to file an indemnity bond that he will not break the model code of conduct during the election.
{{/usCountry}}Ahmed claimed in his petition that the rice was to be distributed to the poor during festivals. He was directed to file an indemnity bond that he will not break the model code of conduct during the election.
{{/usCountry}}(With inputs from agencies)