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

Decided on: September, 2023

Crl.O.P.(MD)No.10176/2023

CORAM: Hon’ble Justices D. Nagarjun  

Introduction

The proceedings against the president of the Hindu Makkal Katchi party, Arjun Sampath, that were pending before the Judicial Magistrate, Rajapalayam, for breaking the Code of Conduct during the 2019 Parliamentary Elections, have been dismissed by the Madras High Court.

Facts of the Case

On April 5, 2019, while on duty to monitor the Tenkasi Parliament Reserve Constituency No.37’s implementation of the Code of Conduct, the Sub-Inspector of Police and his police party discovered the accused No. 1 inside a Tempo van being driven by the petitioner No. 2 and the other accused No. 2. They were door-to-door canvassing in an effort to win support for their political party. The driver was questioned by the police and admitted that the Code of Conduct was broken because there was no prior authorization from the Assistant Election Officer. Thus the car was seized and sent to the authorities. 

Courts analysis and decision

The Court noted that the prosecution must demonstrate that the petitioners displayed any poster, effigy, bill or notice, booklet containing words or visible representations, or engraved or adhered one to a motor vehicle in order to establish the petitioners’ guilt of the offence. 

Further observing, “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 police were unable to submit any posters, banners, or bills that were purportedly attached to Sampath’s vehicle, therefore the violations under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, will not apply in this case. Consequently, the connected miscellaneous petitions are closed.

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Written by- Aashi Narayan

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