Gujarat high court restricts EC search and seizure operations
10 Nov 2012
The activities of Static Surveillance Teams and Flying Squad set up by the Election Commission (EC) to monitor transfer of funds would come to a halt after the ruling of Gujarat High Court, saying the powers of the EC were not absolute and it could not initiate indiscriminate actions that infringed the fundamental rights of citizens to personal liberty.
The ruling related to two Public Interest Litigations (PIL) filed claiming random search and seizure by EC teams was putting curbs on trading activity ahead of the festive season of Diwali. However, according to the court, the election regulator could take actions if it had credible information of wrong-doing.
It added that the model code of conduct for the elections applied to political parties and to the candidates but not to the citizens whose day-to-day business should not be disrupted because of the code of conduct.
"The teams will now stop functioning, giving a much needed respite to the traders. This is a pre-Diwali period and traders conduct lots of business, which is mostly in cash.
The cap of carrying upto Rs 2.5 lakhs by a person as well as the search and seizure acts were causing hardships to the traders," Prakash Bhagwati, president of Gujarat Chamber of Commerce and Industry (GCCI), the apex body of traders and industrialists in Gujarat told media persons yesterday.
General elections to the 182-member Gujarat legislature are scheduled for 13 December and 16 December. With the announcement of dates, the model code of conduct is currently in force.
