EC shortens prosecution route

UP Chief Electoral Officer Umesh Sinha said the new directive from the EC means that the authorities need not require to take sanction for initiating criminal proceedings against government officers and public servants like ministers.

According to an EC official,procedural delay also occur in cases where an election officer seeks advice from the district election officer,the chief electoral officer,or the Election Commission. In the circular,the EC has asked the Chief Electoral Officers of all states and Union Territories to bring these clarifications to the notice of all election authorities,including district election officers,returning officers and electoral registration officers.

The commission issued the clarification after it found that due to inordinate delay in initiating action against the violators,the courts sometimes refused to entertain criminal proceedings due to the lapse of the period as defined under sections 468 and 469 of the CrPC.

The section 468 of the CrPC puts a bar on courts to take cognizance after lapse of period of limitation which could be six months if the offence is punishable with fine only,one year if the offence in punishable with imprisonment for a term not exceeding one year,three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. Section 469 describes the commencement of the period of limitation and its computing.

In its circular,the EC has stated that there are provisions under Representation of People Act and the Indian Penal Code dealing with offences regarding making false declaration in connection with inclusion of exclusion of any entry in electoral roll,offences in connection with elections and for breach of official duty by officers or persons involved in electoral work.

Election authorities,including DEOs,ROs and EROs,have to initiate action against persons found guilty of such offences by filing complaints before the competent courts in case of a non-cognizable offence,and by getting FIR registered in the case of a cognizable offence.