The Karnataka High Court on Tuesday (Dec 17) quashed the First Information Report (FIR) and all consequent criminal proceedings initiated against a man who printed a message ‘Vote For Modi’ on his wedding invitation card asking people to vote for Prime Minister Narendra Modi in the 2024 parliamentary elections. Justice M Nagaprasanna allowed the quashing petition filed by the accused, one Shivaprasad, a resident of Dakshin Kannada district.
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BENGALURU: The Karnataka High Court on Tuesday quashed the First Information Report (FIR) and all related criminal proceedings against a man who printed a message on his wedding invitation encouraging people to vote for Prime Minister Narendra Modi in the 2024 parliamentary elections.
Justice M. Nagaprasanna delivered the ruling in favor of Shivaprasad, a resident of Dakshin Kannada district, who had petitioned for the quashing of the FIR. The Court also granted relief to co-accused Balakrishna A, the owner of the card printing agency responsible for producing the wedding invitations.
A detailed order from the Court is awaited, but the judgment effectively absolves both accused individuals of any wrongdoing. Earlier, on November 11, Justice Nagaprasanna had issued an interim stay on the FIR.
The controversy arose when Shivaprasad printed a postscript message on his wedding invitation, stating:
“The gift that you would give me in the marriage is vote for Narendra Modi.”
This statement led to a complaint by an election officer, Sandesh K.N., who alleged that the message violated the Model Code of Conduct (MCC) rules for elections. Consequently, Shivaprasad was booked under:
- Section 188 of the Indian Penal Code (disobedience to public servant’s order).
- Section 127A of the Representation of the People Act, 1951 (relating to election advertisements and material).
The FIR was registered on April 25, 2024, nearly a month after the code of conduct for the 2024 elections came into effect.
Justice Nagaprasanna earlier remarked:
“The petitioners/ accused are alleged of a strange offence. The first petitioner prints an invitation card of his own wedding and prints a postscript which read as ‘the gift that you would give me in the marriage is vote for Narendra Modi.’ This is said to be an offence under Section 127A of the Representation of the People Act, 1951.”
Shivaprasad, represented by advocate Vinod Kumar, argued that:
- The wedding invitation cards were printed on March 1, 2024, well before the Model Code of Conduct was implemented on March 16, 2024.
- The Representation of the People Act and Model Code of Conduct apply only after the election schedule is announced. The complaint against Shivaprasad was filed on April 19, 2024, which was over a month after the invitations were printed.
- The FIR was flawed as the Magistrate failed to comply with the procedural requirements under the Code of Criminal Procedure (CrPC) when registering the complaint.
The High Court sided with the petitioner, noting that:
- The Model Code of Conduct had not been in effect when the wedding invitations were printed.
- The allegations under Section 127A of the RP Act were inapplicable to the situation.
- The criminal proceedings initiated by the election officer lacked legal basis and were “bad in law.”
This case underscores the importance of adhering to proper procedural requirements when initiating criminal proceedings under election laws.
The High Court clarified that private actions outside the purview of election laws cannot be construed as violations of the Model Code of Conduct unless explicitly stated by law.
Shivaprasad and the printing agency owner can now proceed without fear of further legal entanglements regarding this issue.
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