A series of seizures of cash from general public and vehicles’ checking being carried out by Static Surveillance Teams (SSTs) and Flying Squad (FS) of the Election Commission prompted a Ranchi citizen on Saturday to file a Public Interest litigation in Jharkhand High Court stating it as a violation of the Constitution and also orders of the Supreme Court as well as the Gujarat High Court.
Pravin lohia, in his petition, has stated that fresh guidelines issued by the Election Commission after the Supreme Court verdict in 2012 empowered the authorities to seize the cash, exceeding the limit, and objectionable items carried by ‘a candidate, his agent or party worker’ only and not general public.
“On the contrary, the authorities are carrying search, seizure and even taking the general public under custody,” he stated. The authorities have seized Rs one crore in Hazaribagh constituency alone during the last one fortnight.
The EC guidelines say, “During checking, if any cash exceeding Rs 50,000 is found in a vehicle carrying a candidate, his agent, or party worker or carrying posters or election materials or any drugs, liquor, arms or gift items which are valued at more than Rs 10,000, likely to be used for inducement of electors or any other illicit articles are found in a vehicle, shall be subject to seizure.
PIl against EC’s random search and seizure The whole event of checking and seizure is to be videographed by a video team, which will submit the copy of the video CD to the Returning Officer.” “The EC is not empowered to randomly check the vehicles and seize the cash of a common man who has nothing to with any political party or candidate,” he added.
The EC guidelines also say that FS and the SST would be polite, decent and courteous, while checking the baggage or vehicle. The purse held by the ladies shall not be checked, unless there is a lady officer.The EC’s earlier guideline empowered the EC authorities to carry out random checks with a proviso that anyone carrying more than Rs 2.50 lakhs in cash must produce proof of the money’s legitimate origin and purpose of transport, It had been challenged in the Gujarat High Court during the 2012 Assembly elections.
The High Court, in its order on November 11, 2012, 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 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 court observed.
The High Court said that the powers given to the surveillance teams of the Election Commission are “alien” to our legal and constitutional system.The EC, thereafter, moved the Supreme Court, but got no relief. The EC, then, made amendments in its guidelines, and issued a circular to the Chief Electoral Officer, Gujarat, restricting the check to the candidates and their agents only. The EC also removed the Income tax officials, who were part of the surveillance team.
lohia said that the election authorities in Jharkhand are ignorant of the changes in the guidelines related to monitoring of poll expenditure and harassing the general public.