RAMESH KUMAR JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed praying for quashing of the impugned order dated 16.3.2012 passed by the District Magistrate/District Election Officer (in short, the DM/DEO), Varanasi, in NCR No. 33 of 2012 dated 5.2.2012 under Sections 171 Cha IPC and Section 133 of the People's Representative Act, and under Section 207 of Motor Vehicle Act, PS Cantt., District Varanasi. The facts of the case, in brief, are that on 15.2.2012 during elections in Varanasi, the police inspector of the Cantt. Police station of Varanasi seized the vehicle (Tata Magic), bearing No. UP 65 AT 6714, of the petitioner on the ground that it was being plied against the directions of the Election Commission, and an NCR No. 33/12 was registered. The petitioner moved an application before the CJM for release of the vehicle, who by his order dated 28.2.2012 released the same.

(2.) Meanwhile, the DM/DEO, Varanasi, issued a show-cause notice for seizure of the impugned vehicle for disobedience of the Election Commission's direction No. 437/6/1996-PLN-III dated 16.1.1996. The petitioner filed a reply to this notice, stating that he was not plying the vehicle for the election purpose and was not carrying any voters on that date. Actually, his babhi, Smt. Suman Jaiswal, had a fracture in her leg and he was carrying her to take to the hospital. After considering the reply of the petitioner, the DM/DEO by his impugned order dated 16.3.12 confiscated the vehicle in favour of the Government.

(3.) Learned counsel for the petitioner submitted that as per the direction of the Election Commission, on the date of the election any person can ply his vehicle for the use of sick and disabled persons and the impugned vehicle was being plied by him for taking his bhabhi to the hospital for treatment of her factured leg. Through an affidavit he has filed a prescription of the District Hospital, varanasi, in support of his contention.