SURINDER SINGH CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Surinder Singh Chauhan, an advocate, has approached this Court, in its writ jurisdiction under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, for the quashing of the proceedings initiated against him by the learned judicial Magistrate Ist Class, Kasauli at Solan in Criminal Case No. 44/2 of 2001 for an offence punishable under Section 186 of the Indian Penal Code.

(2.) It appears, election to the Municipal Council, Parwanoo were held on 20th December, 2000. Petitioner was one of the candidates from Ward No. 9. Mr. Ram Sarup Dutt, Lecturer, Senior Secondary School Barotiwala, District Solan, was the Presiding Officer in the polling booth for Ward No. 9 which was located in the office of NJPC.

(3.) The allegation against the petitioner is: At about 10.00 AM petitioner entered the polling booth and asked for serial number of a ballot paper. Shri Ram Sarup, Presiding Officer refused to give him the number of ballot paper on which the petitioner threatened the Presiding Officer saying that he was a lawyer of the High Court and that he will approach the Bar Association and get the election cancelled. It is the further case of the prosecution that at that time he was carrying a mobile phone and a camera with him. The Presiding Officer of the polling booth objected to his bringing the camera and mobile phone inside the polling booth. The petitioner told the Presiding Officer that he being candidate is entitled to bring the camera and take the photographs. He also told the Presiding Officer that he is a lawyer and knows his law and threatened him that he would make them stand in the High Court. He also threatened the Presiding Officer and the Police officer that "he would see them". Thus, according to the complaint he disobeyed the orders of the Presiding Officer and the Police Officer present there. It is the further case of the complainant that according to the election pamphlet taking of photographs inside the polling booth, without the permission was prohibited. The petitioner did not listen to the Presiding Officer. Thereafter, Assistant Collector, Parwanoo, came and took away the petitioner from the polling booth. The Presiding Officer of the booth recorded in his diary that the petitioner Mr. Surinder Chauhan took serial number of counter-foil and brought the mobile phone inside the polling booth and also took photographs inside the booth.