The Telangana High Court has quashed criminal proceedings against a government school teacher who was accused of posting derogatory political comments on Facebook during the 2023 Telangana Assembly elections. The Court held that even if the allegations were accepted as true, the prosecution had failed to establish the essential ingredients of the offences invoked against him.
Background of the Case
The criminal petition arose from proceedings in Crime No.130 of 2023, which later resulted in C.C. No.115 of 2024 before the Judicial First Class Magistrate at Alampur. The prosecution alleged that during the Model Code of Conduct period, the petitioner, a government teacher, uploaded Facebook posts referring to the people of Alampur and a political candidate in derogatory terms while urging voters not to support a particular political party.
Based on these allegations, offences were invoked under Section 129 of the Representation of the People Act, 1951, Section 171C IPC (undue influence at elections) and Section 505(1)(b) IPC relating to statements likely to disturb public tranquillity.
The petitioner argued that he was not assigned any election duty attracting the provisions of the Representation of the People Act and that the Falleged social media posts did not involve threats, coercion or unlawful interference with voters.
Take CourtBook Everywhere
Access your account on the go with our mobile app.
Court's Observations
Justice N. Tukaramji closely examined the complaint, witness statements and investigation records before considering whether the allegations disclosed any criminal offence.
On the charge under the Representation of the People Act, the Court observed that Section 129 applies only to persons entrusted with statutory election duties connected with maintaining the secrecy of voting. The prosecution merely established that the petitioner was a government teacher and produced no material showing that he had been appointed to any such election duty.
The bench observed,
“Mere status as a Government servant or an allegation of violation of the Model Code of Conduct cannot, by itself, attract penal consequences under Section 129.”
Regarding the allegation of undue influence at elections, the Court found no evidence that the petitioner threatened, intimidated, coerced or induced any voter.
The bench noted,
“Merely criticising a candidate, expressing political opinions, or even employing offensive or intemperate language... would not ipso facto amount to ‘undue influence’ unless accompanied by elements of coercion, intimidation or unlawful interference with electoral freedom.”
The Court also held that the prosecution failed to establish the ingredients of Section 505(1)(b) IPC, observing that there was no material to suggest the Facebook posts were intended or likely to create fear, public alarm or disturb public tranquillity.
Addressing the allegation of violating the Model Code of Conduct, the Court clarified that the Code is a set of guidelines issued by the Election Commission and that its breach does not automatically constitute a criminal offence unless a specific penal provision is attracted.
Decision
Holding that the prosecution materials did not disclose the essential ingredients of any of the alleged offences, the Telangana High Court concluded that allowing the criminal case to continue would amount to an abuse of the legal process.
Accordingly, it allowed the criminal petition and quashed the proceedings pending before the Judicial First Class Magistrate, Alampur, insofar as they concerned the petitioner.
Case Details
Case Title: P. Mohammed Iliyas v. State of Telangana & Another
Case Number: Criminal Petition No. 7942 of 2024
Judge: Justice N. Tukaramji
Decision Date: 29 June 2026
-300x169.webp)
-300x169.webp)
