New Delhi: The Supreme Court on Monday will hear an Election Commission's petition challenging an order passed by the Gujarat High Court on cash seizures in the state. The electoral watchdog had challenged a Gujarat High Court order that had stayed the EC directive to seize cash above Rs 2.5 lakh if found in transit during the Gujarat Assembly elections.
The Gujarat High Court, on a PIL filed by Bhagyoday Jan Parishad and Gujarat Chamber of Commerce and Industry, had on November 9 said that EC's directive to randomly search and seize 'in-transit' cash above Rs 2.5 lakh in poll-bound Gujarat was "unconstitutional" and directed it to immediately stop such operations.
"The instructions by the EC which empower its officers to randomly search any vehicle and seize cash above Rs 2.5 lakh is ultra vires (beyond powers) being violative of Article 21 of the Constitution, and also beyond the powers conferred on the EC," the High Court had said.
Hearing the case on Friday, the Supreme Court lauded the EC saying it has done good work in the recent years but sometimes it takes decisions in over-anxiety.
"It has done good work in the last few years and we must appreciate it. We must give credit to you for this but sometimes you do something in over-anxiety," a bench headed by Justice DK Jain said.
The Election Commission cash seizure directive, dated October 3, followed announcement of the state Assembly elections. The EC had deployed 587 static surveillance teams (SSTs) and 182 flying squads in the state, which have so far seized Rs 22.56 crore of unaccounted money, of which Rs 22.20 crore was handed over to the Income Tax department. The search and seizure drive had caused a lot of resentment in the business community.
(With additional information from PTI)
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