Filing nomination on forms issued before ECI recognition was published does not establish mens rea under Section 171G.

The petitioner submitted his nomination for the 164-Gandhinagar Assembly Constituency on 20 April 2023, relying on Forms A and B issued by O. Panneerselvam, who signed them as AIADMK Coordinator.

The Returning Officer later rejected those forms after the Election Commission recognised Edappadi K. Palaniswami as the authorised party functionary.

A complaint alleging an offence under Section 171G IPC led to an FIR, charge-sheet and cognizance.

The petitioner sought quashing under Section 482 CrPC.

He contended that the Election Commission’s determination became public only after he had filed his nomination.

The State opposed the petition, arguing that the petitioner knew Panneerselvam lacked authority to issue the forms.

1. Whether the charge-sheet materials, taken at face value, disclosed an offence under Section 171G IPC against the petitioner.

2. Whether continuation of the criminal proceedings would amount to an abuse of the process of the court.

Section 171G IPC concerns publishing a false statement in connection with an election, with intent to affect the result of an election.

Section 482 CrPC empowers the High Court to quash criminal proceedings where the allegations and materials, taken at face value, do not disclose an offence or continuation would amount to an abuse of the process of the court.

The Court identified no precedent as the basis of its decision.

The Court noted that the forms disclosed on their face that they had been issued by Panneerselvam as Coordinator, and that the petitioner filed his nomination before the Election Commission’s determination recognising Palaniswami as the authorised person was published.

In those circumstances, the Court found no material showing that the petitioner had misled the Returning Officer or possessed the requisite mens rea for an offence under Section 171G IPC.

It therefore held that the charge-sheet materials did not establish the alleged offence and that continuation of the case would be an abuse of process.

The Court allowed the petition and quashed the proceedings in C.C. No. 19058/2023, arising from Crime No. 127/2023, pending before the XXXI ACMM, Bengaluru, for the alleged offence under Section 171G IPC.