Karnataka HC Quashes Election Pamphlet Case, Finding The Next-Day Declaration Reasonable Under Section 127A

In brief

The question

1. Whether the alleged printing and submission of the declaration the following day disclosed a prima facie violation of Section 127A(2)(b) of the Act

The court held

The Court answered the issues in the petitioners’ favour, allowed the petition, and quashed the proceedings against them in C.C. No. 1113/2023, arising from Crime No. 83/2023, pending before the Principal Civil Judge and JMFC, Sagar, Shivamogga.

01Facts

Respondent No. 2, a member of a Flying Squad Team, alleged that petitioner No. 1 printed 2,000 election pamphlets at petitioner No. 2’s request without the requisite approval.

pp. 3–4

The pamphlets were seized at the printing press on 19 April 2023, before they had been circulated; petitioner No. 2 submitted a pro forma containing information about the printing on 20 April 2023.

pp. 3–4, 7–8

Following a complaint, Sagar Town Police registered a case and filed a charge sheet alleging an offence under Section 127A of the Representation of the People Act.

pp. 4–5

The Magistrate took cognizance, and the petitioners sought to quash the proceedings under Section 482 Cr.P.C.

pp. 4–5

02Issues

i.1. Whether the alleged printing and submission of the declaration the following day disclosed a prima facie violation of Section 127A(2)(b) of the Act

pp. 5, 7–8

ii.2. Whether continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law

pp. 8–9

03Law Applied

The Court applied Section 127A(2)(b) of the Representation of the People Act, as referred to in the judgment, which requires the printer, within a reasonable time after printing election documents, to send a copy of the declaration and a copy of the printed documents to the concerned electoral authority.

p. 5, 7

The Court also exercised its inherent jurisdiction under Section 482 Cr.P.C. to quash proceedings where the complaint and charge-sheet do not prima facie disclose the alleged offence and continuation of the proceedings would amount to an abuse of process.

p. 2, 8

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

04Reasoning

The Court found that the pamphlets were printed on 19 April 2023 and that the requisite pro forma was submitted to the Electoral Officer on 20 April 2023.

p. 7

It held that submission on the following day was within a reasonable time under Section 127A(2)(b), and noted that the pamphlets met the other requirements of that provision.

p. 7

The Court further observed that the pamphlets had not been circulated when the printing press was raided, and considered the circumstances indicative of an ulterior motive behind the complaint.

p. 8

It concluded that the complaint and charge-sheet did not prima facie establish the alleged offence.

p. 8