MANI RAM UIKEY Vs. STATE OF M.P.

JUDGEMENT

(1.) Invoking the jurisdiction under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the order dated 23-04- 2019, whereby an amount of Rs.2 lacs has been directed to be forfeited and to be deposited in the Government treasury. The said amount was seized by the Flying Squad which was found in unauthorized possession of the petitioner. The said action was taken in pursuant to the instructions issued by the Election Commission of India dated 29-05-2015 and the Screening Committee constituted for monitoring the expenses during the election by the District Election Officer Mandla. The petitioner is posted as Forest Range Officer, Ghansour, District Seoni. A raid was conducted by the Flying Squad in Mohan Tolal at Mandla in MLA Constituency,Area 107 and an amount of Rs. 2 lacs was found unauthorizedly in the possession of the petitioner.

(2.) The submission of the learned counsel for the petitioner is that that the said amount was kept for the purposes of making payment of wages/bonus to Tendu leaves collectors during the collection of the year 2019 and remaining amount was to be paid to different society.

(3.) However before passing the impugned order, the petitioner was given an opportunity to justify the aforesaid amount but he failed to justify the same and therefore, the said amount has been directed to be forfeited and to be deposited in the Govt. treasury .