Madras High Court Quashes Proceedings Against Hindu Makkal Katchi President For Allegedly Violating Code Of Conduct During Elections

It was alleged that on April 5^, 2019, Arjun along with his driver were canvassing votes for their political party without seeking any prior permission and had thus violated the Code of Conduct and the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. As per Section 4AA (1-a) of the Act, no person shall affix to inscribe or exhibit any motor vehicle, any poster or any effigy, or any bill, notice, document, paper or other thing containing any words, signs, or visible representation. Thus, the vehicle was seized and handed over to the police and a case was registered against the duo.

Justice D Nagarjun of the Madurai bench, however, observed that the offences under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 will not be attracted in the present case as the police had failed to produce any poster, banner or bill which was allegedly affixed on Sampath’s motor vehicle.

“In the case on hand, the prosecution has not produced any poster or banner or bill which allegedly affixed to the motor vehicle belonging to the prosecution and also not filed any photographs at least to see as to how the petitioners have violated the Code of Conduct and committed offence under Section 4AA(1-a) of the Act,” the court observed.

The court observed that in order to prove the offence, the prosecution was expected to prove that that the petitioners had exhibited or inscribed or affixed on the motor vehicle any poster, effigy, bill or notice, pamphlets containing words or visible representations for commercial or political or other purpose.

However, in the present case, the court noted that the prosecution had failed to produce any posters which was allegedly affixed on Arjun’s motor vehicle or produce any photographs of the same. On perusing the chargesheet, the court further noted that the case was not being registered for affixing posters, bills etc but for affixing poster “without permission”. The court noted that the police had even failed to metion under what provisions a permission was to be obtained for vehicles engaging in canvassing during the parliament election.

The court thus was of the opinion that the offence under the Act was not made out and hence quashed the proceedings pending before the court.

Counsel for the Petitioner: Mr.P.Ayyasamy

Counsel for the Respondents: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

Citation: 2023 LiveLaw (Mad) 312

Case Title: Arjunan Sampath @ Arjun Sampath v The Sub-Inspector of Police

Case No: Crl.O.P.(MD)No.10176 of 2023