The Hindu : New Delhi News : Govt. asks EC to withdraw model code

Online edition of India's National Newspaper
Thursday, May 20, 2004

New Delhi

New Delhi

Govt. asks EC to withdraw model code

By Our Staff Reporter

NEW DELHI, MAY 19. The Delhi Government is understood to have written to the State Election Commission objecting to its order of enforcement of the model code of conduct in the entire Capital pending the conclusion of by-elections to the six municipal wards on June 27. It has sought withdrawal of this order as it would seriously hamper developmental works and activities that have been pending for the past almost six months.

"We have sought a clarification from the Delhi Election Commission regarding its order enforcing the model code of conduct in the entire Capital. This is not acceptable as elections are due only in six wards. How can the order be enforced in the entire Delhi? The Chief Secretary, Shailja Chandra, has sought a clarification from the State Election Commission on this issue," the Chief Minister, Sheila Dikshit, said.

The State Election Commission had on May 14 notified that elections to the municipal wards of Tri Nagar, Keshav Puram, Nangloi, Khayala, Anand Nagri and Timarpur would be held on June 27. However, it added a rider stating that the model code of conduct would remain effective in the entire National Capital Territory of Delhi with effect from May 14 till the date of declaration of results of the bye-elections. It had directed all officials, Police Commissioner, and concerned agencies to strictly comply with the order for the said period.

It is learnt that Ms. Chandra has written to the State Election Commissioner, M.P. Tyagi, seeking a clarification on the issue. In her letter to Mr. Tyagi, the Chief Secretary has pointed out that as the bye-elections are due in only six municipal wards, it would not be proper to enforce the order in the entire Capital. Referring to past precedents, it is understood the Government has pointed out that nowhere in the country is the model code of conduct enforced in the entire State due to a bye-election. At best, the Commission could order and ensure the enforcement of the model code of conduct in all the six wards where the by-elections are due. In fact, the Government is of the view that it would have to call the Budget session of the Delhi Assembly as the presentation is already overdue and such an order would not allow the Government to carry out this exercise. It is also argued that the State Government policies are not connected with the Corporation and therefore putting the entire Government on the hold for elections to six by-elections was not justified.

Ms. Dikshit said things had not been moving in the Government due to the continuous elections in Delhi. First, the model code of conduct came into force in October due to the Assembly polls. Then again, the code of conduct was enforced in first week of February in view of the Lok Sabha polls. This has brought the entire developmental activities to a standstill in the entire Capital and major projects are lying pending due to want of proper sanction. In fact, tenders for various projects have been put on the hold and this arbitrary order of the State Election Commission would add to the woes. The Delhi Government is of the view that such an order was not feasible and should be withdrawn immediately. In fact, there is a viewpoint in the Government that if the order is not withdrawn, the Government should approach the Election Commission of India and also take legal recourse. However, it does not want to enter into a confrontation with the State Election Commission and would rather have things sorted out smoothly.

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