The Karnataka High Court has clarified that election officers can search and confiscate materials only after elections have been announced. In a recent judgement, the court ordered the release of rice bags seized from a social worker in Bengaluru, holding that Returning Officers or election officials do not have jurisdiction to search or seize any material before the announcement of elections. The court stated that seizure is to be exercised by officers under the Essential Commodities Act, 1955, under normal circumstances. The Returning Officer and Inspector of Police in this case were not vested with such authority, and their action was therefore deemed illegal. The petitioner, a social worker who distributed rice to the needy during festivals, had 530 bags of rice of 25 kgs each seized from his residence on March 19, 2023. The court directed the petitioner to file an affidavit indemnifying the stock, stating that they will not break the model code of conduct during the election. Although the seizure was deemed illegal, since the elections have now been declared, the court allowed the petitioner to use the materials for distribution after the release of the stock, subject to the condition that they abide by the model code of conduct. The court ordered the respondents to release the seized rice bags to the custody of the petitioner forthwith, with the rider that the petitioner shall abide by the conditions mentioned in the affidavit.
Despite the petitioner’s reply to the notice by the Returning Officer, the rice bags were not returned. The petitioner, a social worker who distributed rice to the needy during festivals, claimed that the rice seized from him was meant for that purpose. The court directed the petitioner to file an indemnity bond stating that they will not break the model code of conduct during the election in order to have the rice bags released to their custody.
