Poll Panel Empowered To Issue SOPs During MCC

 Hyderabad: The Telangana High Court made it clear that prescribing the standard operating procedure (SOPs) for seizing unaccounted money for model code of conduct violations by the Election Commission of India (ECI) did not amount to violation of fundamental rights.

Justice C.V. Bhaskar Reddy has said that in view of the powers being conferred under Article 324 of the Constitution and the Representation of the People’s Act, 1951, the ECI can issue any directions to ensure free and fair election and checking poll-related malpractices.

Justice Reddy was dealing with a petition filed by Neena Kamlesh Shah, whose cash of Rs 3.04 crore was reportedly seized by Madugulapally police of Nalgonda district on October 15, 2023. During the seizure, the petitioner was not present in the car and the drivers were transporting the money to Chennai to pay salaries to her employees.

Police had registered an FIR against the drivers and, after obtaining necessary permission, deposited the amount with the nodal officer. The money was handed over to the Income-tax department and notices were issued.

Challenging the FIR and the seizure, Neena Shah approached the High Court, which made it clear that the money was unaccounted for, and rejected the petition seeking to quash the FIR.