The Hindu : Front Page : Smart City: EC directive quashed

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Wednesday, Apr 19, 2006

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Smart City: EC directive quashed

Staff Reporter

Says Government can sign agreement with the Dubai firm

KOCHI: The Kerala High Court on Tuesday quashed the order of the Election Commission directing the State Government to defer the signing of the agreement for establishing the Smart City Project in Kochi until the Assembly elections are over.

Justice S. Siri Jagan passed the judgment while allowing a writ petition filed by Intelligent Decisions Systems (India) Ltd., a software firm functioning in the Infopark in Kochi.

The Judge observed that the declaration of the election schedule and model code of conduct could not stand in the way of signing the agreement with the Dubai Technology and Media Free Zone Authority (TECOM), which was approved by the Cabinet in the forenoon of March 1.

The Court said that by signing the agreement, the party-in-power was not announcing any financial grant in any form or promise to the people. On the other hand, what had been promised in the agreement was the grant of facilities for the Dubai Technology and Media Free Zone Authority for establishing the project with a reciprocal promise of creating job opportunities in the Smart City. Therefore, it could not be regarded as a financial grant in any form.

The Court said that it was not satisfied that the Smart City Project was envisaged by the Government for influencing the electorate. The Court was of the view that the facts in the case suggested that it was a development project envisaged more than a year ago, prior to the declaration of the election. There was nothing in the agreement to indicate that the same was "a tempting offer to woo the electorates" on the eve of the elections so as to give an unfair advantage to a political party in the elections.

The Court observed that the object of the model code of conduct was not to stop all Government activities in the State pending elections. Notwithstanding the declaration of the elections, normal Government functions should go on.

The model code of conduct would come into play only when the party in power announced any promise to the people.

The Court observed that simply because a normal Government function would give some benefits to the public at large, that would not come within the ambit of the model code of conduct.

It said that the Election Commission should examine all aspects before coming to a conclusion on actions of the Government. If the Election Commission ordered deferment of the Government functions, that would affect the interest of the State, the court said.

The Court said that the Government would be free to take further steps in pursuance to the decision taken in the Cabinet on March 1 last for taking it to the logical conclusion.

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