'Election Commission Cannot Replace CrPc'

The Gujarat High Court on Friday struck down a directive of the Election Commission of India terming the limitations on cash movement above a stated limit as unconstitutional, drastic and violative of personal liberty and privacy of individuals even if it was under the election code of conduct.

A division bench headed by Chief Justice Bhaskar Bhattacharya giving its order on a clutch of petitions opposing the directives, urged the poll body to exercise its powers with caution and only after the notification for the Assembly polls is issued .Bhagyoday Jan Parishad was the first to file a PIL and was soon joined by Gujarat Chamber of Commerce and numerous industry associations.

The Static Surveillance Teams (SSTs) set up under the orders of the poll body have been carrying out random checks with a proviso that anyone carrying more than Rs 2.50 lakhs in cash must produce proof of the money’s legitimate origin and purpose of transport. The Court has termed these as unconstitutional and illegal.

The High Court in its verdict observed that even after candidates are announced, random and indiscriminate seizures are invalid. The Commission can only act if it has credible and reliable information.

The judgment has observed that even Criminal Procedure Code and Income Tax Act do not permit authorities such a drastic process. " Election Commission cannot replace CrPC and other such laws and seizure done by the Commission has to be in accordance with it and not mere wishes of the poll body. Such measures of the commission are unconstitutional as they infringe on the personal liberty and privacy granted under article 21 of the constitution of India”.

Trade and commerce bodies of the state had pitched in with PILs to the High Court on the ground that such harsh guidelines were affecting legitimate trade and commerce activities. The ruling comes as a relief to them, moreso in view of the ongoing festival season.

The court was clear in that the commission had invoked such provisions even before the state formally notifies thee elections which falls due only on November 17 and 23 for the first and second phase of the Assembly polls respectively. Monitoring of expenses can be done only after the nominations are filed," it reasoned, and not before.