The Karnataka High Court has decided on whether mere display of flags of a Political Party would invoke charges under Sec-171H IPC.
The Court was dealing with a plea urging to quash the criminal proceedings initiated against petitioners associated with INC.
Brief Facts of the Case
As per the complaint filed by one who was deputed for election duty, it was alleged that in Muddebihal Assembly constituency, a candidate belonging to the INC had come to the Tahsildar office, for filing nomination papers, during the 2018 Assembly elections. Some vehicles had accompanied him displaying stickers containing the symbol and flag of the INC.
Upon inspection, the complainant alleged that the petitioners were said to have violated the Election Code of Conduct and accordingly Karnataka Open Places (Prevention of Disfigurement) Act, 1981 and Section 171H of IPC were invoked against them.
The Counsel for the petitioners has submitted that the Act invoked isn't applicable to the said constituency and is applicable only in respect of particular places.
Opposing the same, the prosecution, relied on notification issued by Election Commission of India dated 02.05.2018, wherein it was clarified that as per Section 126(1)(b) of the Representation of People Act, 1951, there shall not be displaying of any stickers and flags of any particularly party.
The Court upon examining the Karnataka Open Place (Prevention of Disfigurement Act), noted that the reading of Section 1(2)(i) of the Act makes it clear that the Act is applicable for some of the cities viz., Bangalore, Mysore, Hubli-Dharwad, Mangalore and Belgaum.
It also clarified that no notification issued mentions the constituency in question and observed that unless the Act is applicable to a particular city and municipal area, the initiation of proceedings under the said Act is unsustainable under law.
With regard to applicability of Section 171H of IPC, the Court noted:
"Section 171H of IPC deals with illegal payments in connection with an election. But, in the case on hand, the allegation against the petitioners is that they came in vehicles with the flag of a political party and no allegations with regard to illegal payments in connection with the election are found in the complaint."
The Court thus concluded that the case in hand doesn't attract the charges levelled and quashed the criminal proceedings accordingly.
Read Order Here:
source ' .latestlaws.com
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments