BENGALURU: Noting that the Returning Officer or election officials do not have the jurisdiction to search for or seize any material before the announcement of elections, the Karnataka High Court directed the Returning Officer (RO) and Shivajinagar police to release 530 bags of rice weighing 25kgs each, seized on March 19.
It was alleged that the rice was being held for distribution among the public to favour his candidature in elections to the Karnataka Legislative Assembly, which was declared on March 29.
“Merely because they are appointed officers for the conduct of elections, they cannot use the power before the declaration of elections. After elections are declared, the entire domain would be open, but not till then. Seizure is to be exercised by the authority/officers under the Essential Commodities Act, 1955, under normal circumstances. The Returning Officer and police inspector who conducted the search were not vested with such authority, and their action is, therefore, illegal,” said Justice M Nagaprasanna, while allowing the petition filed by Ishtiyaq Ahmed from Shivajinagar in Bengaluru.
The court said the seizure itself is without jurisdiction. But now that elections are declared, the petitioner should not use these materials for distribution after the release of stock. The petitioner was directed to indemnify the stock by filing an affidavit, the court said.
Accordingly, the petitioner has undertaken that he would not violate the code of conduct if the rice is released in his favour, and also declared that he will not violate any of the conditions imposed for the release of rice bags.
The court said the petitioner is entitled to the rice bags but imposed the condition that the petitioner shall intimate the place of storage of the rice to the Returning Officer. If the petitioner is found distributing the released rice, the election authorities are at liberty to take action against the petitioner as per law.
Ahmed moved court, seeking direction from the authorities to release rice bags seized from his premises on Noha Street in Shivajinagar on March 19. He claimed that he is a prominent social worker involved in charitable activities like the distribution of food and clothes to the needy in the area, during festivals like Ugadi, Ramzan, Dasara, Christmas etc., for 15 years.