Transporting jewellery: Consider rules under MCC, Madras High Court directs ECI

CHENNAI: The Madras High Court has directed the Election Commission of India to consider, in accordance with law, a representation submitted by Thangamayil Jewellery Ltd seeking the formulation of guidelines governing the transportation of jewellery during the enforcement of the Model Code of Conduct.

Following the announcement of elections in Tamil Nadu, authorities have been seizing cash and jewellery transported without proper documentation in view of the Model Code of Conduct. Such items are returned upon production of valid proof by the concerned persons.

In this backdrop, the petitioner Thangamayil Jewellery approached the High Court seeking a direction to the Election Commission to frame appropriate rules for carrying jewellery during the election period.

The matter came up for hearing before a Division Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan. The petitioner submitted that, despite possessing valid documentation, the firm's jewellery had been seized on six occasions by officials after the enforcement of the Model Code of Conduct, and was returned only after a delay of five to six days. It was contended that such repeated seizures had resulted in business and financial losses to the petitioner.

The Bench, however, declined to accept these submissions, observing that at present, upon submission of valid proof, seized cash and jewellery are being returned on the same day. The Court held that, under the current circumstances, no direction could be issued to frame specific guidelines in this regard.

Subsequently, the petitioner sought permission to withdraw the plea. Recording the same, the Court permitted withdrawal of the petition, while granting liberty to the petitioner to submit a representation before the Election Commission after the conclusion of the elections. The Court further directed that such representation be considered by the Election Commission in accordance with law and appropriate orders be passed.