Showing posts with label election offences. Show all posts
Showing posts with label election offences. Show all posts

Saturday, 26 September 2026

Supreme Court direction for seizure of cash or other assets and withdrawal of prosecution of election offences

DIRECTIONS AND SUGGESTIONS


18. Keeping in view the above, i.e, the discussion made above, reference to case laws, the detailed affidavits of the parties, and the submission of the learned amici, this Court issues the following directions:


a. When a seizure of cash or other assets takes place, the authority affecting the seizure, must, within 24 hours, report the same to the District Magistrate/Additional District Magistrate/Court having competent jurisdiction along with written reasons disclosing the prima facie nexus between the cash or other asset seized and the suspected electoral offence.


b. When FIRs are registered, the Investigation Officer (IO) entrusted with the investigation thereof shall make every possible endeavour to complete investigations thereinto, within a year, from the date of registration. If this timeline is exceeded, reasons therefor shall be recorded and communicated to the Election Commission of India;


c. The investigating officer shall submit a quarterly status report regarding the investigation to the EC through the Nodal Officer, after due approval of the Senior Superintendent of Police/the Deputy Commissioner of Police of the concerned district;


d. When Static Surveillance Teams (SST) during checks find money in excess of Rs. 10 lacs, information about the same shall be forwarded to the income tax authorities.


e. All endeavours ought to be made for expeditious disposal of cases against candidates/sitting MPs/MLAs keeping in view the recurrent nature of elections. For this purpose, it is directed that the High Courts may, by following respective procedures, designate courts for the purposes of prompt hearing and disposal of such cases.


f. For withdrawal of cases against candidates in a particular election cycle, the approval of the concerned High Court is mandatory in view of K. Ajith (supra) and Ashwani Kumar Upadhyay (supra).

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. ... of 2026 (Arising out of SLP (Crl.) No. 3549 of 2016)

Decided On: 17.08.2026

The State of Karnataka and Ors. Vs. Prathik Parasrampuria

Hon'ble Judges/Coram:

Sanjay Karol and N. Kotiswar Singh, JJ.

Author: Sanjay Karol, J.

Citation: 2026 INSC 868, MANU/SC/0895/2026

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