The Madurai Bench of the Madras High Court has quashed a case pending before the Rajapalayam Judicial Magistrate against Hindu Makkal Katchi leader Arjun Sampath.
The court was hearing the petition filed by Arjun Sampath seeking the quash of the proceedings against him pending before the Rajapalayam Judicial Magistrate. The petitioner said that in 2019 he had engaged in canvassing votes in the parliamentary elections. But, he was told that he had indulged in canvassing votes without the permission of the Assistant Electoral Officer and a case was registered for violating the election rules. The case was foisted with an ulterior motive, he said.
According to the prosecution, the police inquired and were informed that there was no prior permission from the Assistant Election Officer and there was a violation of the model code of conduct. The vehicle was seized and handed over to the police. The investigation was completed and a chargesheet was filed.
Justice D. Nagarjun observed that the allegations made against the petitioner was that he and his team affixed posters, bills on the vehicle without taking prior permission. Police have not mentioned under which provisions/rules the permission was required to be obtained for the vehicle engaged in canvassing during the course of the election, the court observed.
The prosecution had not produced any poster, banner or bill which was allegedly affixed on the vehicle. Also, there were no photographs filed to show that the petitioner violated the model code of conduct and committed an offence, the court observed.
The court observed that the offence under Section 4 AA (1-a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, shall not sustain against the petitioner and quashed the proceedings pending against the petitioner before the Rajapalayam Judicial Magistrate. The court also quashed the case against the driver of the vehicle.
