K’taka HC orders conditional release of 530 rice bags seized during EC check
The high court has ordered the conditional release of 530 bags of rice, seized by the returning officer of the Shivajinagar assembly constituency, on March 19.
In the petition filed before the high court, petitioner Isthiyak Ahmed claimed that he has been distributing rice and clothes to the needy at all festivals, like Ugadi, Ramadan, Dasara, and Christmas. The rice bags were seized by the election officials on March 19 and the state assembly elections were announced on March 29, he contended.
Justifying the action, the Election Commission stated that the petitioner had stocked the rice for distribution for the purpose of gaining votes in the election.
Justice Nagaprasanna pointed out that the returning officers cannot use the power before the declaration of elections just because they are appointed as the officers for the conduct 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 conducted the search in the case at hand, were not vested with such authority and their action is, therefore, illegal,” the court said.
However, the court stipulated certain conditions to the petitioner since the election schedule has been announced and the code of conduct is in place. It said the petitioner should not use the seized rice for distribution to anybody in the locality or even elsewhere and also intimate the place of storage of rice to the returning officer.
The court also said that in case of any violation, the matter will have to be viewed seriously and the authorities are at liberty to take necessary action against the petitioner.
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