KRISHNAMACHARI MANJUNATH Vs. SENIOR ELECTORAL OFFICER

JUDGEMENT

(1.) Petitioner who has been running a retail super store is grieving before the writ court against the seizure & retention of several household articles such as cookers, mixers/grinders, utensils, etc., during the last general elections to Karnataka State Legislative Assembly that were conducted a short while ago. Learned counsel for the petitioner submits there is absolutely no reason or rhyme for the respondents for retaining the custody of seized articles after the elections are over and the Legislative House is constituted afresh. He hastens to add that a mere pendency of Crime No.129/2023 of Yelahanka Police Station, Bengaluru for the offences punishable u/s.171E of IPC is a poor justification for not releasing the seized articles.

(2.) Learned AGA appearing for the respondents opposes the petition contending that the seizure of the articles took place consistent with the Model Code of Conduct issued by the Election Commission of India; during election process, a wide discretion lies with the authorities since purity of the process has to be ensured; even if there is some error of judgment in making seizure of the articles, no grievance can be made by the petitioner against the same. So contending he seeks dismissal of the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to direct conditional release of the seized articles inasmuch as elections are already over and there is no justification for retaining their custody any longer. It is open to the authorities to take indemnity bond for the worth of the articles seized and also photograph/videograph of the said articles and their packages so that the same may be made use of in the trial of subject criminal case. Non-release in the circumstance therefore cannot be justified. Ordered accordingly and writ petition is disposed off. The subject articles shall be released forthwith subject to what has been observed herein above. Costs made easy.