EC cash seizures: Further hearing on Wednesday

Ahmedabad, 6 November 2012

The Gujarat High Court Bench consisting of Chief Justice Mr. Bhaskar Bhattacharya and Justice J.B. Pardiwala heard arguments of the petition filed by an NGO and the Gujarat Chamber of Commerce and Industry pertaining to the harassment caused to the general public for carrying cash exceeding Rs. 2.5 lakhs after the election notification is issued.

Counsels for the Petitioners Mr. Bhaskar Tanna and Mr. Mihir Joshi argued that under the Constitution of India as well as the Representation of The People Act 1951 read together, the Election Commission has no powers to carry out surprise searches and seizures of cash before the nomination of candidates. While the Model Code of Conduct and other powers of the EC may have commenced in relation to candidates and political parties, they cannot not apply to the general public, at least before it is even known who the candidates are. These powers, if at all valid and reasonable, apply only after the candidates file their nomination and until the election results are declared.

Counsel for the Election Commission Mr. Percy Kavina argued that since Article 324 of the Constitution confers absolute powers to the Commission for “superintendence, direction and control” of conduct of all elections, the EC has the power to curb the flow of unaccounted money during this election period. Arguing that the harassment caused to the general public due to searches and seizures was a mere “inconvenience” aimed at preventing the menace of money flow during elections, the High Court should permit the EC to exercise these powers.

The next hearing will take place on November 7. The parties are likely to argue on the constitutional validity of these measures adopted by the EC, i.e., whether and to what extent these powers do not conflict with the fundamental rights of citizens.