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Synopsis

The Karnataka High Court, has quashed the criminal proceedings initiated against two petitioners in connection with a wedding invitation allegedly advocating for votes in favour of Prime Minister Narendra Modi as his wedding gift.

The court, presided over by Justice M. Nagaprasanna, termed the registration of the case, subsequent investigation, and filing of the charge sheet as “reckless,” the court emphasised that the entire proceeding was “preposterous” and an abuse of the legal process.

The case arose from a complaint filed by a Flying Squad officer during the 2024 Lok Sabha elections. The petitioners were accused of violating Section 127A of the Representation of the People (RP) Act, 1951. The allegation centered around a postscript on a wedding invitation card printed on March 1, 2024, which stated, “Voting for Narendra Modi is the gift for my wedding.” The Election Commission notified the election calendar on March 16, 2024, nearly two weeks after the invitations had been printed. The complaint, filed on April 19, 2024, alleged that the postscript amounted to election propaganda and contravened laws governing election conduct. Following an investigation, police filed a charge sheet against the petitioners under Section 127A and Section 34 of the Indian Penal Code, leading to the commencement of proceedings in a trial court.

The petitioners approached the High Court seeking quashing of the proceedings, contending that the RP Act’s provisions apply only when the Model Code of Conduct is in force. Furthermore, it was argued that the complaint, filed on April 19, was made nearly a month after the code’s implementation, raising questions about its validity.

The court found that the wedding invitation could not, under any interpretation, be deemed an election pamphlet or poster under Section 127A. Emphasising the lack of legal grounding, the court noted: “How a wedding invitation card is projected to become an election pamphlet by the complainant or even the police who conducted investigation to file a charge sheet is ununderstandable.”

The court further observed that the wedding invitation, printed before the election calendar was issued, was beyond the purview of election-related offences. “If the 1st petitioner who is wanting to get married describes the greatest gift to him is voting for Narendra Modi yet again, long before the notification of calendar of events, it is preposterous, to say the least, as to how the crime itself could have been registered and upon that, investigation by the police and filing of the charge sheet. The crime is recklessly registered, so is the charge sheet, on a reckless investigation,” stated the court.

Concluding that “Permitting further proceedings against the petitioners, would on the face of it, become an abuse of the process of the law and result in patent injustice,” the court quashes the proceedings against him.

 

Cause Title: Shivaprasad and Anr. v. State of Karnataka and Anr. [WP No. 19700/2024]