The Karnataka High Court has stated that election officials cannot conduct search and seizure operations before the announcement of elections.
Justice M. Nagaprasanna stressed that holding the position of officers for the conduct of elections does not give them the authority to exercise it prior to the declaration of elections.
“The Returning Officer or the election officials would not get any jurisdiction to search or seize any material before the announcement of elections. Merely because they are appointed as Officers for conduct of elections, they cannot use the said power before the declaration of elections,” the Court stated.
Ishtiyak Ahmed filed a petition with the court to release 530 bags of rice that had been confiscated by election officials. He claimed to be a well-known social worker who participates actively in charitable activities, such as food distribution.
According to the petitioner, the Returning Officer and a Police Inspector confiscated the rice bags from him on March 19, 2023, and even though he submitted his justification in response to the notice issued the next day, he did not receive his rice bags.
The petitioner’s attorney argued that the officials lacked the authority to seize the bags, as he has been distributing rice to those in need for the past fifteen years on all holidays. On the other hand, the Central Government Counsel for the Election Commission defended the actions of the officials, stating that the petitioner hoarded the bags to gain votes during the Karnataka Assembly election.
The Court noted that the officials lacked the authority to seize the bags, especially since the election had not been notified at the time of the seizure. Under normal circumstances, seizure is permissible only under the Essential Commodities Act of 1955. The Court deemed their actions unlawful, and although the date of seizure remained unchanged, the petitioner was ordered not to distribute the bags until after the elections.
