Issuing notices to the Election Commission and Government of India, the Jharkhand High Court has asked them to file a counter affidavit on the seizure of public money during elections in the name of search drive on vehicles. Praveen lohia had filed a PIl in High Court on the issue.
lohia, in his PIl has demanded ban on the illegal seizure of public money in the name of elections. According to lohia, the EC was not empowered to randomly check the vehicles and seize cash from common man, who has nothing to do with any political party or candidate. He has also alleged that the authorities have so far seized Rs 1 crore from Hazaribagh lok Sabha constituency alone this fortnight.
Pravin lohia, in his petition, has stated that fresh guidelines issued by the the Election Commission after the Supreme Court verdict in 2012 empowered the authorities to seize cash, exceeding the limit, and objectionable items carried by 'a candidate, his agent or party worker' only and not general public.Earlier the Gujrat High Court, in its order, had held that the instruction issued by the EC insofar as it empowers its officers to randomly and indiscriminately search any vehicle on the road and seize cash of Rs 2.5 lakh, if recovered from the vehicle or an individual or a person, as ultra vires being violative of Article 21 of the Constitution and also beyond the powers conferred on the EC.
The High Court also observed that even criminal procedure code and Income Tax Act do not permit authorities such a drastic process. The Election Commission cannot replace CrPC and IT.
HC seeks reply from EC on money seizure Therefore, any stoppage search and seizure done by the Commission has to be in accordance with law and not mere wishes of EC, observed the court.
lohia also alleged that the authorities in Jharkhand are ignorant of the changes in the guidelines related to monitoring of poll expenditure, which do not have anything in written and are harassing the general public in the name of elections.