Cash and materials worth Rs 108.78 crore have been seized in Karnataka in the 11 days since the model code of conduct for the May 10 Assembly polls took effect, the Election Commission has revealed.

The Indian Express has reported that the seizures include Rs 37.24 crore in unaccounted cash, 5.23 lakh litres of liquor worth Rs 26.68 crore, 397 kg of illegal drugs worth Rs 11.54 crore, 34.36 kg of gold worth Rs 14.96 crore, and freebies worth Rs 15.80 crore.

According to a statement by the commission, during the same period before the 2018 Assembly elections, cash and materials worth Rs 20.12 crore were seized, indicating an increase of 440 percent this time around.

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Flying squads, static surveillance teams and police have registered 965 FIRs with regard to the seizure of cash, liquor, illegal drugs, precious metals and freebies.

As many as 2,611 cases were booked under preventive sections of the Code of Criminal Procedure, and 3,837 persons were detained.

Since the announcement of the elections, 6,306 non-bailable warrants have been executed.

The Excise Department has booked 1,138 heinous cases, 768 cases for breach of licence conditions, 40 NDPS cases and 3,771 cases under Section 15 (A) of the Karnataka Excise Act 1965. Also, 743 vehicles have been seized.

In an operation in the Jayanagar and Chickpet constituencies of Bangalore South City, the flying squad seized drugs worth Rs 8.17 crore.

The Election Commission has been closely monitoring the situation in the state to ensure free and fair elections. The model code of conduct will remain in place until May 12, when the votes will be counted.

Karnataka HC's recent judgment

In a recent judgment, the Karnataka High Court clarified that election officers have the authority to search and confiscate materials only after the elections are announced. The judgment was made by Justice M. Nagaprasanna on a petition filed by social worker Isthiyak Ahmed, who claimed that 530 bags of rice seized from his Bengaluru residence were meant for distribution to the needy during festivals.

The court held that the returning officer or election officials do not have any jurisdiction to search or seize any material before the announcement of elections. The seizure of materials can only be exercised by the authority/officers under the Essential Commodities Act, 1955, under normal circumstances. The returning officer and the inspector of police, who had conducted the search in the case, were not vested with such authority, and their action was therefore illegal.

Ahmed had approached the HC after the returning officer of Shivajinagar seized the rice bags from his residence on March 19, 2023. Despite Ahmed's reply to the notice by the returning officer, the rice bags were not returned. Ahmed claimed that he was a social worker who distributed rice to the needy during festivals, and the rice seized from him was meant for that purpose.

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The court directed Ahmed to file an indemnity bond that he will not break the model code of conduct during the election. The court also stated that since the elections were declared, the petitioner should not use the seized materials for distribution after the release of stock. Therefore, the petitioner was directed to indemnify the stock by filing an affidavit before the court.

The court ordered a mandamus to be issued to the respondents to release the seized rice bags to the custody of the petitioner forthwith, with the rider that the petitioner shall abide by the conditions quoted above. This judgment clarifies the jurisdiction of election officers and the authority under which materials can be seized, providing clarity for future cases.

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With agency inputs.

(Edited by : Shoma Bhattacharjee)