Pradipsinh Bhagavatsinh Jadeja v State of Guajarat

FACTS

The president of the Ahmedabad City Congress Committee registered a complaint to the district election commissioner alleging that the minister distributed pamphlets soon after the declaration of elections during the Navratri period. There was a photograph of the minister and a party symbol lotus along with the line ‘Aagvu Gujarat;’ Thus, respondent was  nominated police officer filed a complaint against Jadeja. The investigation officer stated that they were unable to find the publisher of the pamphlet which was against section 127 A of the people’s representation act. Petitioner also says the pamphlet was not an ‘election pamphlet’ under Sub-section (3) (b) of Section 127A of the Act.  Therefore, a criminal complaint filed against State Home Minister Pradipsinh Jadeja for the alleged violation of the poll code in the 2007 elections.  The same was allegedly in the Gujarat assembly elections when he fought from the Answara district in Ahmedabad as a BJP candidate. A petition was filed by the minister seeking the complaint to be quashed.

ISSUE

The council on behalf of the respondent contended that there was prima facie evidence to proceed with the complaint and thus no error was committed by the respondent.

JUDGEMENT

The court said, “A bare reading of Section 127A(1) read with two statements of witnesses as well as inquiry report, no prima-facie offence for the aforesaid offences having been disclosed against the applicant.” The court also analyzed the legal provision which defines the term ‘election pamphlet’ and thus it was concluded that it cannot be treated as an election pamphlet.

Thus, the Court concluded that the continuation of proceedings against the applicant to face the trial for aforesaid offences would nothing but abuse of the due process of law. Therefore, the complaint was declared to be quashed against home minister Pradipsinh Jadeja.

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