While it is the duty of authorities to see that the election code of conduct is scrupulously followed, it must be ensured that under the guise of following the rules strictly, innocent people are not targeted.
Justice P. Jyothimani made the observation while disposing of a writ petition seeking to call for the records of the Tahsildar, Tiruvallur, relating to the seizure receipt, quash the same and to direct the authorities to return the Rs.4 lakh seized to the petitioner.
The Judge said it is desirable that the Election Commission (EC) publish relevant legal provisions in language known to the people of Tamil Nadu. Moreover, as and when seizure is made, it should be stated as to whom the citizen should approach and particulars that have to be furnished.
In his petition, R. Pio Fernando of R.A. Puram here, who is managing partner, Avi Infrastructure, stated that the Tahsildar cited the code of conduct and seized Rs.4 lakh from his representative. The money was to make payment to workers.
The petitioner's grievance was that while making the seizure, the revenue official did not even inform him about the steps to be taken for getting the money back. His representative had substantiated before the Tahsildar the purpose for which the sum was being carried. It was not for election purpose. Despite this, the seizure was effected.
Mr. Justice Jyothimani said that when a seizure order is made, the Election Officer should indicate the next course of action; which authority should be approached and so on. These particulars were necessary not only to see that the code of conduct is being properly implemented, but also to ensure that it will not have adverse effect on innocent and genuine persons.
In the present case, since it was stated that the amount had been taken over by the Deputy Director of Income Tax (Inv), Unit-IV (2), Chennai, the writ petition was being disposed of with a direction to the petitioner to approach the Deputy Director with all necessary records and a copy of the High Court order.
The income tax official, on being satisfied about the records produced, should pass appropriate orders within a week.
