Vijay 30 January 2021

Ex corporator harassing me and asking not do construction.

Hello Sir,

My Father purchased a site from land owner in 1985. Some Anti Social elements filed a suit against us in City Civil Court in 2013. They had file a case by creating fake Khata and executing sale deed based on it. By Gods Grace the case got dismissed in Feb 2020. Due to Covid Situation i did not go for any construction in my place. Now since all the things are coming back to normal i went to do construction.

I got a call from police station stating there is a complaint against me. So i went to the police station, this Anti Social element along with Ex-Corporator came there and harassed me not to do construction. The police too supported them. I was surprised that the police did not even see the Court order copy for the case dismissed. And Both the Police and Ex-Corporator asked me to stop construction.

I asked the Police to give me a copy of the Police complaint. Police are telling there is no official complaint registered we called to enquire and asked me not to do construction.

I have Submitted a complaint in Bangalore Commissioner office about this harassment against the Anti Social element and Ex- Corporator along with investigation officer from the police station.

My question is that as a Ex-Corporator, is duty to the society is to take care of society for its well being or not to involve in such unlawful acts. But looks like this Ex-Corporator is involved in such unlawful acts for monetary benefits. What is the process and How can i file a complaint against this Ex-Corporator with Election Commission in Bangalore.

Thank you,

Vijay

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2 Replies

H.JanakiManohar Rao (lawyer) 30 January 2021

you lodge a ecomplaint with police .Next file a case against all and obtain court orders not to interfere with possession and enjoyment.

Kevin Moses Paul 02 February 2021

Good Evening,

You may proceed to file a civil suit in the Civil Court for harassment against all the three parties (i.e. anti-socials, Ex-corporator and the police officer). Along with the filing of the suit you may also attach the copy of the judgment (regarding dismissal of the previous matter by the court) for authentication purpose.

Once the civil suit is initiated, with the help of your attorney you may proceed to provide the same complaint as a Legal Notice to the Election Commission (for Ex-corporator) as well as to the DCP office (for police officer - because of his negligence to perform his duties accordingly). The parties will automatically get informed about the matter that a civil suit is initiated against them.

As per your situation and what you've experienced, the court would provide severe punishments to all the opposite parties (i.e. anti-socials, Ex-corporator and the police officer).
The dismissal report is in itself a proof for the inconsistencies of the anti-social elements you're dealing with, as it proves that they don't have any legal right or share in your property due to which previously the matter was dismissed by a civil suit.

While on the other hand, police officer (any involved) would be held liable for negligence in his duties and for misuse or abuse of powers provided to him.

Thus, a Legal Notice followed up by a civil suit is what you may proceed with, in order to deal with any such harassment caused by officials or anti-social elements.

Thank You