Ahmedabad, 9 November 2012

The Gujarat High Court today in its verdict termed actions like cash seizures and vehicle checkings being carried out by Static Surveillance Teams(SSTs) of the Election Commission as unconstitutional and illegal.

The High Court in its verdict observed that while even the candidates are not announced yet, such actions are not needed. Even after candidates are announced, random and indiscriminate seizures are invalid. EC can only act if it has credible and reliable information.

The High Court observed that even criminal procedure code and Income Tax Act do not permit authorities such a drastic process. Election Commission can’t replace CRPC and IT. Therefore any stoppage search and seizure done by the Commission has to be in accordance with law and not mere wishes of EC.

The High Court said that the powers given to the surveillance teams of the Election Commission are “alien” to our legal and constitutional system.

Highlight of the verdict

-EC instructions for stoppage, search and seizure of cash above Rs 2.5 lakh found in cars and on persons unconstitutional.

-The Election Commission measures infringe the personal liberty and privacy of man guaranteed under Article 21 of Constitution.

-Even Criminal Procedure Code and Income Tax Act do not permit authorities such a drastic process. Election Commission can’t replace CRPC and IT.

-Therefore, any stoppage, search, seizure done by the Commission has to be in accordance with law and not mere wishes of EC.

-Therefore EC’s indiscriminate checking of cars and persons shall not be done unless EC has reliable and credible information.

-EC’s powers under Representation of People Act are limited only to candidate or their agents. Those can be exercised only after notification under section 15 of RP Act is issues and the candidate nomination process is commenced.

-The petition was filed by Bhagyoday Jan Parishad’s President Ketan Shah. The NGO was represented by senior lawyer Shri Bhaskar Tanna.

The verdict is available on this link