MODEL CODE OF CONDUCT

Stock taking and review of welfare measures announced by the Governments during the run up to the elections.

Election Commission's Order No.437/6/ES005/94/MCS, Dated: 1st September,1994
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--------------------------------------------------------Order

01. Sub-para (vi) of para VII of the Model Code of Conduct for the Guidance of Political Parties and Candidates which enunciates electoral rectitude for the ruling political parties, states, inter alia, as follows:-

``VII. Party in Power.

The party in power whether at the Centre or in the State or States concerned, shall ensure that no cause is given for any complaint that it used its official position for the purpose of its election campaign, and in particular.

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(vi) From the time the elections are announced by the Commission, Ministers and any authority shall not-/

(a) Announce any financial grants in any form or promises thereof, or

(b) lay foundation stones, etc. of projects or schemes of any kind, or

(c) make any promise of construction of roads, provision of drinking water facilities, etc., or

(d) make any ad hoc appointment in Government, Public Undertaking etc.

which may have the effect of influencing the voters in favour of the party in power."

02. The above list of possible gratifications for purchasing the choice of the people exclusively accessible to the party in power at the time of an election is only illustrative and restricted by the limits of political ingenuity existing at the time of formulation of the Model Code several years ago.

03. The Commission observes with anguish that of late the ruling executives are progressively becoming far less punctilious towards their moral responsibility to observe rules of fairplay at elections.

04. In particular, during the period when elections from a State, or part thereof, become imminent, those in positions of authority tend to undertake some such ``administrative" and ``welfare" measures as are aimed at perpetuation of power more than observance of rules, procedures and financial properties. Announcements of concessions to specially targeted sections of the electorate in competitive examinations, employment, taxes, business opportunities, trade licenses, etc. etc. which constitute the most common manipulative tactics of the ruling party have become the order of the day.

05. The Commission, however, is duty bound to ensure that no political party or candidate, merely by dint of being in authority, secures a distinctively advantageous position over others, cannot overlook such misdemeanors. Being a repository under the Constitution of ensuring free and fair elections truly reflective of the choice of the people it refuses to be a silent spectator of attempts to highjack an election even before it is announced.

06. The Commission vide its order No. 464/94 dated 12th August, 1994, had cautioned that as a part of its pre election reconnaissance of the possibilities of conducting free and fair elections, it will take stock of all concessions announced by the Governments of these States with political motives during the run up to the elections and will take necessary corrective steps including, if necessary, directing that these concessions be held in abeyance.

07. In cases of serious departures from norms of equitable treatment of all sections of the electorate the Commission may be constrained to conclude the State is not ready for free and fair elections and may not notify the elections, responsibility for all constitutional embarrassments resulting therefrom will be entirely that of the State Government concerned.



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