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Journalism of Courage
CHANDIGARH, May 27: The Punjab and Haryana high court has upheld the Model Code of Conduct (MCC) prescribed by the Election Commission. Judges, Sreedharan and Swantantra Kumar in their judgement said “We are clear in our minds that the EC is entitled to take necessary steps for the conduct of a free and fair elections even prior to the date of issuance of the elections”.
The judges said action taken by the EC was not at all illegal or arbitrary.Harbans Singh Jalal, a former Akali activist represented by his counsel, R S Randhawa, filed the petition after the EC had announced elections to the Punjab assembly last year and enforced the MCC immediately that stalled the implementation of the economic package promised by the former chief minister, Rajinder Kaur Bhattal at a rally.
On the issue of lack of legal sanctity, the judges said the implementation of model code of conduct evolved through consensus by the political parties in 1968, was necessary for the conduct of polls and to ensure that no party gets unfair advantage by virtue of it being in power at the time of elections.
“If the implementation of the MCC is postponed to the date of notification, it will defeat the very purpose of the code,” the judges said.
Quoting the Ghasi Ram case decided by the Supreme Court and Halbury’s Law of England, the judges said even on the eve of elections, the EC should ensure that no political party or candidate conducts itself in a manner which influences voters in its or his favour.
Refusing to interfere in the function of the Election Commission under Article 226 of the constitution, the court said the implementation of MCC by the EC to maintain the purity of elections, in no way infringed on any of the laws.
