Rajasthan HC quashes ED summons against Congress candidate in the midst of election campaigning

Justice Farjand Ali held that the petitioner's right to contest in an election encompasses the right to canvass as well and no adverse impact would be caused to the Enforcement Directorate proceedings if the summons is deferred by seven days.

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ON Wednesday, the Rajasthan High Court quashed the summons issued by the Directorate of Enforcement (ED) to a Congress candidate Mewa Ram Jain in the midst of an election campaign.

Justice Farjand Ali held that the petitioner's right to contest in an election encompasses the right to canvass as well and no adverse impact would be caused to the ED proceedings if the summons is deferred for a period of seven days.

Jain is a candidate in the upcoming state legislative assembly elections, the polling for which is to be held on November 25. The ED issued the summons to him on November 20, asking him to appear before it in person on November 22.

Jain argued that he was elbow-deep in election campaigning and it would be onerous for him to leave campaigning midway merely to attend the call from the ED.

He also contended that it was not discernible from the notice for what purpose his presence was required. It was not even clear whether he had been summoned as a witness or as an accused.

Finding the timings of the summons inappropriate, Justice Ali noted that at the least, the petitioner had a right to know the nature of the accusation against him if he was an accused

Justice Ali continued that if Jain had been summoned to depose a statement before the authorities, then he had a right to know for what purposes and in what matter his presence would be required so as to enable him to collect the requisite material in order to leave Barmer only to satisfy the summons of the respondent.

Justice Ali proceeded to quash the summons while granting liberty to the ED to issue a fresh notice with better particulars for any date after December 3 as by that time the counting for the election would have been completed. 

Click here to read the order.