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Bullion merchants’ plea against searches by ECI dismissed
The Madras High Court on Friday dismissed a plea moved by Coimbatore Jewellery Manufacturers Association, Madras Jewellers and Diamond Merchants Association, and other bullion merchants seeking to direct the Election Commission of India (ECI) and the Chief Electoral Officer to issue appropriate directions to the members of the flying squads not to harass the members of the petitioners’ associations in the name of searches when the items are accompanied with valid documents under the TN GST Act.
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migrator
Chennai
Dismissing the pleas, a division bench comprising Justice S Manikumar and Justice Subramonium Prasad said, “The search operation is a common phenomenon during general elections. If the merchants or the members of the associations carried valid documents with them, no seizure will be effected.”
Even after the materials are confiscated, they can get them back after producing necessary documents, the bench added.
The petitioners had contended that they must carry unfinished goods from one place to another for manufacturing and finishing work. Then, it has to be carried to different parts of the country for manufacture, sale and supply, as every ornament has its unique style and quality depending upon the order and demand.
Based on the bad experience during the previous elections, they had sent a representation to the ECI and others on March 10, requesting them not to confiscate raw gold and ornaments if the members of the associations were able to establish that the goods are for business purposes and not for any political related transaction. The goods along with proper documents should not be detained for the process of verification, as it would curtail the flow of business of the members, they claimed.
Moreover, the Chief Electoral Officer had not specified the documents that are required to be carried along with the goods. Also, the instructions issued by the ECI, dated May 29, 2015, were not clear and do not relate specifically to gold while GST had come into effect only in July 2017, argued the petitioners.
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