Chennai:
Observing that under the guide of following rules strictly, innocent people should not be targeted while effecting seizure, Madras High Court on Thursday asked the Election Commission to publish "particulars" in languages known to people of the state.
"It is desirable that the Election Commission makes publication in the language known to the people of this state about the provisions," Justice P.Jyothimani said disposing of a petition.
"These particulars are necessary not only to see that the Election Code of Conduct is properly implemented, but also to make sure that it will not have adverse effect on the innocent and genuine persons," the judge said.
The petition filed by a civil contractor sought a direction against the order of a Thiruvallur Tahsildhar who seized Rs four lakh from a representative of the petitioner citing the model code of conduct for elections. The petitioner said the amount was for making payment to workers.
The petitioner, R.Pio Fernando, said while effecting seizure, the Tahsildhar who is an election authority has not even informed him as to the steps to be taken for the purpose of getting back the said amount.
It was submitted that his representative substantiated the reason for which the amount was being carried to the effect that it was not for election purpose. But the money was seized without any reason, the petition said.
The petition said act of the officials was "arbitrary and illegal and suffered from non-application of mind."
Directing the petitioner to approach the Deputy Director of Income Tax, Chennai, with all necessary records, the Judge said on being satisfied about records produced by the petitioner, the officer should pass appropriate orders within one week.
"Moreover as and when seizure is affected, it should be stated as to whom the citizen has to approach and what all particulars have to be furnished. It is also expected that when a seizure order is made like the impugned notice, it is the duty on the part of the Election Officer to indicate in the said order as to the next course of action, as to which authority he has to approach," the judge said.