Lawstreet Journal

Political Parties Can Put Up Hoardings at Private Properties with Owner’s Consent: Patna High Court [Read Order]

Lawstreet Journal 25 Oct 2020 2:26am

Image courtesy: Lawstreet Journal Judiciary Political Parties Can Put Up Hoardings at Private Properties with Owner’s Consent: Patna High Court [Read Order]

The Patna High Court consisting of a single bench of Justice Ashutosh Kumar held that only individual candidates can raise their hoardings after obtaining the written consent of the owner or occupier of the property.

It further said that this will benefit the intention of the legislature in enacting the Defacement of Property Act, 1987.

 The issue of putting up hoardings arose because of the writ petition filed by Century Business Pvt. Ltd engaged by the Bhartiya Janta Party to put up to 950 hoardings on private properties as part of the election campaign in Bihar.

The company then asked for permission from the chief electoral officer with permission of the owners, but it was rejected stating that the owner of private property can give written consent only to persons contesting the election.

It is clearly specified under section 3(3) Defacement of Property, 1987.

It was further held that this statue of Defacement of Property, 1987 is to be interpreted in a literal sense.

The company who are the petitioners, in this case, said that any person who contests election either does it independently or under the banner of any political party and hence the above argument of the respondent does not stand justified.

Petitioner-company also pointed out that in the State of Jharkhand also, there is similar local law with respect to defacement of property, and the Chief Electoral Officer, of Jharkhand, permitted it.

 The court held that the expression person would include political parties.

 The court analyzed the purpose behind the enactment of the local law regarding… Continue Reading...

Tagged: Patna High Court  
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