Under Section 321 of the Code of Criminal Procedure, 1973, may a case against a candidate be withdrawn in a particular election cycle without the approval of the High Court?

No. The Election Commission has taken the consistent stand that cases relating to electoral offences should not be withdrawn and should be pursued to their logical conclusion, and a change in political dispensation simpliciter will not let a candidate off. For withdrawal of cases against candidates in a particular election cycle, the approval of the concerned High Court is mandatory, following K. Ajith and Ashwani Kumar Upadhyay, where a Bench of Three-Judges had directed that cases concerning sitting Members of Parliament and Members of Legislative Assemblies should be withdrawn only with the leave of the High Court.

Constitution of India — Art. 324 — Code of Criminal Procedure, 1973 — s.321 — Indian Penal Code, 1860 — ss.171E, 188 — Representation of the People Act, 1951 — elections — black money — electoral offences — seizure of cash — withdrawal of cases — Constitution of India — Art. 324 — Election Commission — powers wide but not plenary — Held: Article 324 vests superintendence, direction and control of elections in the Election Commission; that power is wide but not plenary and operates only where the field is unoccupied by legislation. Controlling black money in the electoral process is one of its responsibilities. (¶10, 12) Constitution of India — Art. 324 — seizure of cash — reasons to be reduced in writing — Held further: On a seizure of cash or other assets, the suspicion of commission of crime and the likeliness of the material being used for untoward purposes must be reduced in writing, and the seizure reported within 24 hours. (¶17, 18) Code of Criminal Procedure, 1973 — s.321 — withdrawal of cases — approval of the concerned High Court — Held further: A case arising from an electoral offence is not to be withdrawn as the norm; for candidates in a particular election cycle the approval of the concerned High Court is mandatory, a change in political dispensation being no ground. (¶17, 18) Constitution of India — Art. 324 — investigation and prosecution — completion within a year, designated courts — Held further: An investigation into an electoral offence must be completed within a year, with reasons recorded and a quarterly status report to the Election Commission where that timeline is exceeded; High Courts may designate courts for prompt hearing and disposal. Directions issued. (¶17, 18)

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