BENGALURU: The Karnataka High Court stayed the criminal proceedings initiated against a man by the election flying squad for allegedly printing an invitation card with a postscript which reads ‘the gift that you would give me in the marriage is a vote for Narendra Modi’, in the 2024 parliamentary elections.
Justice M Nagaprasanna passed the interim order of stay after hearing the petition filed by Shivaprasad and Balakrishna A, printer of the invitation from Dakshina Kannada district questioning the crime registered by the flying squad with Uppinangady police station in Dakshina Kannada district.
Issuing notice to the Uppinangady police and flying squad of the Sullia Assembly constituency, the court said that the petitioners - accused are alleged of a strange offence.
According to the petition, Shivaprasad printed an invitation card for his wedding with the postscript. This is said to be an offence under Section 127A (restriction on the printing of pamphlets, posters, etc.) the Representation of the People Act, 1951. The petitioner contended that the magistrate permitted the flying squad to complain without following the due procedure and application of mind.
The counsel for the petitioner argued that the documents appended to the petition demonstrate that the printing of the invitation was long before the declaration of elections. Therefore, it would not make an offence under Section 127A of the Act, as such acts were required to be done only during the election and not prior to the election, he argued.
The court said that there should be an interim order of stay of all further proceedings in the impugned crime in respect of the petitioners till December 12, the next date of hearing.