Only four cases were registered under the Defacement of Property Act during the State Assembly elections in the district and the low number of complaints is due to negligence in action by police and administration that provides a free hand to political parties to deface the properties for campaigning.
In almost all cases political parties remained untouched and which acts as an encouraging factor.
Notably, this Act remains effective in the constituencies in all the elections whether lok Sabha, Vidhan Sabha or local bodies. At present, in view of the Urban bodies polls scheduled in two phases- November 28 and December 2, this Act is effective.
Superintendent of Police Bhopal (North) Arvind Saxena said that the committee formed by district collector first reviews the complaint and if the committee suggests that the act has been an complaint is lodged and a case is registered under the act but in most of the cases it has been observed that complaint made by residents are non-cognizable due to which the complaint is not lodged with the police.
lengthy process is one of the reasons which distract people from lodging complaint of defacing property.
Saxena claims that other factor of the low number of registered cases is the unawareness of people about the Act which is meant for protecting their property from defacement. However, he declined to comment, as why the administration and police do not register cases by their own.
The election commission in its earlier notification has also instructed that if in charge of any government department do not take action if the property of the department is defaced the officer assigned by administration is empowered to take action and lodge complaint.
Under section 171 H of the IPC, the offender is fined upto a maximum of Rs 500.
Interestingly the police stations which have registered cases are not aware about the action taken the persons who were involved in defacing the property.
In a letter issued by election commission the commission has specifically mentioned that it has observed and has also received numerous complaints from the public to the effect that at the time of electioneering campaigns, workers of political parties and candidates indulge in defacement of walls of public and private buildings by pasting of election posters, writing of slogans, painting of election symbols, etc. All this is done without the permission of the owners of the buildings, much to their annoyance, which gives an ugly look not only to the buildings but also to the whole city. The helpless owners of the buildings are compelled either to tolerate this or to have the walls/buildings white-washed/repainted at their own cost.