‘Poll officers can search, seize any material after elections are announced’

Bengaluru: Ordering the release of rice bags seized from a social worker here, the Karnataka High Court has clarified that the election officers have the authority to search and confiscate materials only after the elections are announced. Justice M Nagaprasanna in his recent judgement on a petition filed by Isthiyak

Ahmed, held that the Returning Officer or the election officials do not have any jurisdiction to search or seize any material before the announcement of elections.

Merely because they are appointed as officers for conduct of elections, they cannot use the said power before the declaration of elections, the court noted. “After the declaration of elections, the entire domain would be open, but not till then. Seizure is to be exercised by the authority/officers under the Essential Commodities Act, 1955, under normal circumstances.

The Returning Officer and the Inspector of Police, who have conducted the search in the case at hand were not vested with such authority and their action is therefore, illegal.” Ahmed approached the HC after the Returning Officer seized 530 bags of rice of 25 kgs each from his residence on March 19, 2023. Despite the reply to the notice by Returning Officer, rice bags were not returned. He claimed that he was a social worker, who distributed rice to the needy during festivals and the rice seized from him was meant for that.