Ranganath H.R. vs The Secretary Election Commission of India, The Deputy Commissioner and The Tahasiladr and Taluk Election Officer

A.S. Bopanna, J.—The petitioner is assailing the endorsement dated 10.4.2013, which is impugned at Annexure-E to the petition. The petitioner who has recently got married on 18.4.2013 is intending to host "Beegara Authana" on 21.03.2013. Since, the assembly elections have been declared and the code of conduct is in force, an application was made on behalf of the petitioner seeking permission to host the "Beegara Authana". The Tahasildar by the endorsement dated 10.4.2013 has declined the permission. It is in that circumstance, the petitioner is before this Court. The respondents have been notified. The respective learned counsel for the respondents would seek to justify the endorsement issued. It is submitted, by the Code of conduct as produced by the petitioner at Annexure-C itself would indicate that there are several restrictions, which has been placed and the said restrictions are time tested and which is required for the conduct of free and fair elections. It is however, pointed out that though in some cases the permission have been accorded they have been accorded by imposing certain conditions on the persons holding such function and therefore, if at all this Court intends to grant leave to the petitioner appropriate condition may be imposed on the petitioner.

In the light of the above, keeping in view the fact that the hosting of "Beegara Authana" is a part of the wedding ceremony in the community to which the petitioner belongs, I am of the opinion that an absolute ban as now sought to be intended by the endorsement dated 10.4.2013 would not be justified. Since the authority was required to keep in view the code of conduct and thereafter impose such conditions that would have been necessary to achieve the object, it would have been appropriate to quash the endorsement and allow the authority to re-consider by remanding the matter. However, in the instant case, since it is seen that the "Beegara Authana" is scheduled to be held on 21.04.2013, I propose to dispose of the petition by directing the respondent No. 3 to permit the petitioner to proceed with the hosting of the "Beegara Authana", subject to the conditions imposed herein.

It is made clear that the petitioner shall hold the function between 10.30 a.m. and 7.30 p.m. on 21.04.2013 at the residence of the petitioner at Doddamage Village. The petitioner and his family members shall take all steps to see that none of the requirements of the Code of conduct is violated. To ensure this, the respondent No. 3 and such of the officers who are assigned with the elections duties are permitted to ensure that the candidates of any political parties in the constituency where the function is being conducted as also their agents and active workers in the electioneering process shall not participate in the function in groups. In that regard, the authorities are entitled to intercept the said persons and prevent them if they are proceeding towards the venue for electioneering. The officers are also entitled to intercept groups of 25 or more persons proceeding towards the venue in question so as to ascertain whether they are the genuine guests or any political activists. If it is found that they are political activists or vulnerable electorates, the authorities would be entitled to restrain them from attending the function. The petitioner and his family members shall not display any banners, posters or such other election material in the premises or permit any other persons to do so. The petitioner and his family members shall also not present any gifts to the guests attending the function except customary ''tamboola'' or permit any other persons to do so. The petitioner and his family members shall also abide by all other regulations applicable by way of code of conduct. If the authorities notice that there is any violation, it would be open for them to bring it to the notice of the petitioner or his family members who shall immediately, take steps to comply with the same, failing which it will entail action.

In terms of the above, the petitioner is now permitted to proceed further with the "Beegara Authana" scheduled on 21.4.2013. The petition stands disposed of accordingly.