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Regular-article-logo Thursday, 25 April 2024

Model code curbs on caretaker govts

A commission source said the same restrictions could in future be applied to the Centre if Parliament is dissolved before its term ends

Our Special Correspondent New Delhi Published 27.09.18, 08:19 PM
The Election Commission

The Election Commission Picture: Prem Singh

The Election Commission on Thursday imposed on caretaker governments in states restrictions similar to those in force when the model code of conduct for polls is in place, almost a month after the Telangana Assembly was prematurely dissolved.

A commission source said the same restrictions could in future be applied to the Centre if Parliament is dissolved before its term ends.

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In a letter to the cabinet secretary and the chief secretaries of states, the poll panel said: “Neither the caretaker state government nor the central government shall announce any new schemes, projects, etc. in respect of that state or undertake any of the activities prohibited under the… model code of conduct.

“All other prohibitions… such as use of official resources for any non-official purposes, combining of official visit with electioneering work, etc. shall apply on all ministers and other authorities of the caretaker state government, the central government as well as governments of other states.”

The model code of conduct is normally imposed on announcement of an election.

The Election Commission on Thursday cited the 1994 S.R. Bommai judgment in which the Supreme Court had said: “The caretaker government should merely carry on the day-to-day government and desist from taking any major policy situation decision.”

From now, model code-like restrictions will be imposed from the moment an Assembly is prematurely dissolved, and will remain in force until a new Assembly is elected.

An EC spokesperson confirmed that the restrictions would immediately apply to Telangana, where elections are yet to be declared.

A senior commission official said: “The principle naturally extends to the Union government, in event of premature dissolution of the Lok Sabha. However, if such an eventuality were to occur, a fresh letter would have to be sent to the cabinet secretary. The current letter has been issued after considering the circumstances at hand.”

Telangana’s electoral rolls are scheduled to be published on October 8, and the state is expected to go to polls along with Rajasthan, Madhya Pradesh, Chhattisgarh and Mizoram this year-end.

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