New Delhi, Jan 08: Violation of the model code of
conduct evolved by the political parties is no ground to set aside election of a candidate as the guidelines do not have legal sanctity, a Delhi court has said.
"Apparently, the model code of conduct has no statutory
backing and many of its provisions are not legally enforceable
and it is the political parties which have themselves
consented to abide by the principles embodied in the said
code," Additional District Judge Kamini Lau said.
The court said that the violation of code could be no
ground for setting aside the election of a winning candidate
under the Delhi Municipal Act.
It, however, clarified, even though the code may not have
a statutory backing but it does not absolve the Election
Commission from performing its constitutional obligation to
ensure "free, fair and clean" election.
"Can the Election Commission abdicate its constitutional
obligation when confronted with such a violation? The answer
obviously is 'no'. The Commission is armed with sufficient
authority and jurisdiction to hold any inquiry...to ensure
purity in elections," ADJ Lau said.
The court's observations have come on a petition of Khem
Chand Koli, a BJP candidate, challenging election of Darshana
Jatav, a Congress nominee, from the Bhogal municipal ward here
on the ground that she violated the model code of conduct
during the councillors' poll held in April 2007.
Dismissing the petition on the ground that violations of
the code were not legally actionable, the court said "the
model code is a sacrosanct document which all political
parties...are required to honour".
"The Constitutional obligation cast upon the Election
Commission is to ensure that its compliance in letter and
spirit and its violation does not go unnoticed, unattended
and unpunished," the court said.
ADJ Lau ordered the copy of the judgement to be sent to
State Election Commission (SEC) so that the authorities could
act on a complaint already lodged with it.
The court also allowed the SEC to access the evidence and
materials placed before the court during the hearing on the
petition.
The petitioner alleged that the elected Congress
candidate from ward number 156 (Bhogal) had resorted to
corrupt practices including violation of model code of conduct
for winning the municipal election.
The winning candidate had allegedly created ruckus on a
polling booth and also got constructed a road in her
constituency to woo the voters even after the model code of
conduct had come into effect.
"No ground has been made out for setting aside election
of the Congress candidate on the allegations of her indulging
into corrupt practices," the court said, noting the petitioner
had failed to prove his allegations.
Bureau Report