MADURAI: The Madurai Bench of Madras High Court quashed the case pending against Hindu Makkal Katchi leader Arjun Sampath before the Judicial Magistrate in Rajapalayalam for allegedly campaigning during the 2019 parliamentary election without taking prior permission.
According to the prosecution, on April 5, 2019, when the Rajapalayam North police were overseeing the implementation of the election code of conduct in Tenkasi Parliament Reserve Constituency, Sampath canvassed votes for his political party without getting prior permission, thereby violating the code of conduct. The vehicle was seized and Sampath and his driver Nithish Kumar were booked and charge-sheeted under Section 4AA(1-a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. The case is pending before the JM Court. Seeking to quash the same, the duo had moved the HC.
Justice D Nagarjun, who heard their plea, noted that Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, was enacted in order to ensure that public places are not disfigured by notices, bills, posters, etc., either for commercial or political or for any other purposes. "Even if such posters, bills, notices were pasted to the motor vehicle, it also attracts the offence under Section 4AA(1-a) of the Act," he added.
But the prosecution has not produced any poster or banner or bill which was allegedly affixed to the motor vehicle belonging to the petitioners, the judge pointed out. Police have also not mentioned under which provisions or rules, such permission is required to be obtained, he added. Holding that charges under the above Act shall not sustain against the petitioners, the judge quashed the lower court case.