In a significant order that will have immediate impact in poll-bound Telangana, the Election Commission has directed that on premature dissolution of a Legislative Assembly, the Model Code of Conduct will immediately come into effect and will continue to be in force till the completion of fresh polls for constituting a new House. This will be applicable for both State and Centre.
The code of conduct is triggered when the EC announces the schedule for elections of either State Assembly or Parliament .
The order, which comes weeks after the Telangana Assembly was dissolved prematurely by the TRS Government, has been issued in view of the Supreme Court observations in the S R Bommai and Others Vs Union of India and Others (1994). The order States that the caretaker Government should merely carry on day-to-day work and desist from taking any major policy decision.
In a communication to the Cabinet secretary and chief secretaries of all States and Union territories sent on Thursday, EC said the model code of conduct in cases of premature dissolution of legislative Assembly shall come into operation with immediate effect and continue to remain in force till completion of the election to constitute the new Assembly.
Consequently, neither the caretaker State Government nor the Central Government can announce any new schemes or projects in respect of the poll-bound State or undertake any of the activities prohibited under the Model Code of Conduct.
"The provisions of the aforesaid Part-VII of Model Code of Conduct shall apply on the caretaker State Government as well as on the Central Government in so far as matters relating to that state are concerned... Consequently, 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 aforesaid Part-VII of the Model Code of Conduct. Para-VII of the model code lays down boundaries for the party in power, thus defining boundaries for conduct of Government of the poll-bound State as well as Centre regarding policy decisions concerning that State," the communiqué read.
EC ruled that 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.
According to EC, the 2001 agreement between the Centre and the EC, however, imposes a condition that the election announcement by the poll panel cannot be more than three weeks before the date of notification of polls.The implementation of a model code bars Governments from taking policy decisions, which have the potential of influencing voters.
EC is current in the midst of a summary revision of the electoral rolls of the State, which are due to be published on October 8, 2018. It is expected that the Assembly polls to Telangana and four other States — Madhya Pradesh, Chhattisgarh, Rajasthan and Mizoram — will be announced soon after that.
Recently, an app cVIGIL has been launched through which citizens can report violations of the code ahead of other political parties.