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Panel to modify rule on poll expenditure, SC
told
Monday November 26, 2012 09:54:02 PM,
IANS
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New Delhi: The
Election Commission Monday agreed in the Supreme Court to modify
its instruction on poll expenditure used for random search and
seizure of unexplained cash and other illicit articles often used
for inducing voters.
The apex court bench of Justice D.K. Jain and Justice Madan B.
Lokur accepted the suggestion from senior counsel Ashok Desai,
appearing for the poll panel.
The bench accepted the offer of the Election Commission to modify
and substitute the Para 4.7.1. of the commission's instruction on
election expenditure after senior counsel Mukul Rohtagi, appearing
for one of the respondents, gave his nod.
Desai suggested modifying the existing instruction which said that
the officials of the Election Commission could seize "if any cash
is found in a vehicles carrying a candidate, or his agent or party
worker, or carrying posters or election material and is likely to
be used for the inducement of the electors".
The modified version would, apart from cash and posters, also
cover the seizure of any drug, liquor or arms or any other illicit
articles or gift items likely to be used for the inducement of the
electors.
The court in its order said that in view of the submission nothing
survived in the petition by the Election Commission and asked the
panel to give its amended instruction the widest possible
publicity.
The court later directed the re-listing of the matter Nov 30 after
Rohtagi mentioned before the court that the modified instruction
did not mention that the unexplained amount of Rs.2.5 lakh or
above would be seized.
He expressed the apprehension that existing modified instruction
could be used for any amount of money even if it was less than
Rs.2.5 lakh.
The Election Commission had moved the apex court challenging the
Gujarat High court order holding as ultra vires the panel's
instruction empowering its officers to randomly and
indiscriminately search any vehicle and seize cash up to Rs.2.5
lakh.
The apex court Nov 23 said that though the commission was doing
laudable work, seizure of money by it during election campaigns
could not be accepted.
Holding that such a seizure of money was beyond the powers of the
commission, the court said it violated Article 21 of the
Constitution. The court had asked the commission as to how it
could it modify its instruction allowing the money seizure.
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