Gujarat High Court Quashes Complaint Against Home Minister Pradipsinh Jadeja For Alleged Poll Code Violation [Read Order]

The Gujarat High Court on Monday (26th October) quashed and set aside a criminal complaint filed against State Home Minister Pradipsinh Jadeja for the alleged violation of the model code of conduct during the 2007 Gujarat Assembly polls when he fought elections from Asarwa seat in Ahmedabad as a BJP candidate.The Bench of Justice Ilesh J. Vora gave this order in a petition filed by Jadeja, seeking quashing of the criminal complaint filed against him under Section 127A(1), 127A(2)(a) punishable under Section 127A(4) of the Representation of the People (RP) Act.Jadeja, in his application filed under Section 482 of CrPC, had also sought orders to quash and set aside the summoning order (under Section 204 CrPC) passed by Additional Chief Metropolitan Magistrate order in December last year to face trial in the case.The case against JadejaOne Mr. Pankaj Shah, the President of Ahmedabad City Congress Committee submitted an application in the form of complaint addressed to District Election officer and Collector Ahmedabad, alleging that after declaration of the election, the applicant (Jadeja) had distributed the pamphlet during Navratri period.It was further alleged by Mr. Shah, that there was a photograph of the applicant (Jadeja) displaying on the pamphlet, containing party symbol – Lotus along with printed slogan – 'Aapnu Gujarat' and 'Aagvu Gujarat' (our Gujarat – different Gujarat).After receiving the aforesaid application, along with copy of alleged photograph, from Mr. Pankaj Shah, the District Election Officer, Ahmedabad vide his letter dated 25.10.2007, addressed to Returning Officer (respondent no. 2), directing him to file private complaint under the provisions of the Act.Accordingly, the respondent no. 2, being a nominated officer, filed a private complaint against the applicant (Jadeja) and other unknown persons before the Additional Chief Metropolitan Magistrate Ahmedabad.On receiving the complaint, the Court of Metropolitan Magistrate ordered the investigation by Meghaninagar Police Station, Ahmedabad and directed to submit the investigation report within stipulated period under Section 202 of Cr.P.C.The investigating officer submitted a report on 30.12.2007 along with statements of Shri Pankaj Shah and Mr. V.V. Tomar, concluding that they are unable to find out the name of the printer and publisher of the pamphlet and also it was not established that who had distributed the pamphlet.Upon receiving the investigating report from Meghaninagar Police Station, the Magistrate, vide order dated 21.12.2019 issued process under Section 204 of Cr.P.C., for the offences punishable under Section 127A(1) and 127A(2)(a) punishable under Section 127A(4) of the Act.The Magistrate while issuing the process, had mainly considered the credibility of the District Election Officer, who has directed the Returning Officer to file the complaint.Arguments put forthThe Senior Counsel appearing for the applicant vehemently argued that the questioned pamphlet couldn't be termed as "election pamphlet" within the meaning of Sub-section (3) (b) of Section 127A of the Act.He further submitted that the learned Magistrate while issuing the process, instead of examining the provisions of RP Act, as well as the material of investigation, he heavily relied upon the allegations made in the complaint and considered the position of the District Election Officer, which shows that before issuing summon, the learned Magistrate had not applied his mind properly.The Advocate appearing for the Returning Officer – respondent no. 2 – Prakash Makwana, who filed the private complaint, submitted that the complainant being a Returning Officer in the General Election of Gujarat Legislative Assembly for 72 Asarva Constituent Assembly, had filed the complaint on the basis of instruction given by District Election Officer.Therefore, it was argued that though the complainant was not having any personal knowledge regarding the alleged incident but he acted in his official capacity to comply with the direction of the Superior Authority.It was also submitted that there was a prima-facie material to proceed with the complaint and therefore, he contended that the trial Court had not committed any error.Court's AnalysisThe Court was of the opinion that the Magistrate had committed grave error while issuing summon and passed the order to register complaint against the applicant to face the trial under the provisions of Section 127A(1), 127A(2)(a) punishable under Section 127A(4) of the Act.The Court said,"A bare reading of Section 127A(1) read with two statements of witnesses as well as inquiry report, no any prima-facie offence for the aforesaid offences having been disclosed against the applicant."The Court perused the contents of the pamphlet, and remarked,"It contained religious phrases, songs and Aartis of Goddess Ambey Ma along with the name of applicant and also contained the map of State of Gujarat, symbol of applicant's party along with slogan,...

Gujarat High Court Quashes Complaint Against Home Minister Pradipsinh Jadeja For Alleged Poll Code Violation [Read Order]

Sparsh Upadhyay

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