- (1.) Heard the petitioner appeared in person. Notice has been accepted by Sri Kaushlendra Yadav holding brief of Sri O.P. Srivastava on behalf of Election Commission of India. Instant writ petition under Article 226 Constitution of India has been preferred for the following releifs: (a) Issue a writ of Certiorari quashing the part of the Code prescribed in the Model Code of conduct of the Election Commission of India, at Point VII (vi) (a)- "From the time elections are announced by Commission, Ministers and other authorities shall not announce any financial grants in any form or promises thereof as regards "promises thereof as being discriminatory in nature; (b) Issue a writ of Certiorari quashing the Code prescribed in the Model Code of conduct of the Election Commission of India, at Point VII (vi) (c)-"make any promise of construction of roads, provision of drinking water facilities etc." as being discriminatory in nature.
(2.) The petitioner, who appeared in person, submits that the condition imposed by the Model Code of Conduct by the Election Commission of India hit the equality clause contained in Article 14 of the Constitution of India. According to petitioner, the embargo imposed by the Election Commission of India by clause VII (vi)(a)(c), prohibits the Minister and constitutional authorities to make promise after the notification of the election. It further prohibits to make promise for construction of roads, provision of drinking water facilities etc. Submission is that such restriction imposed by the Election Commission of India is unreasonable and prevent the Government authorities or the Ministers to discharge their obligation while holding the office. Article 324-of the Constitution of India confers the power on the Election Commission with regard to superintendence, direction and control of the elections. It further makes it obligatory on the part of the Election Commission of India to ensure the just and fair election in the country.
(3.) By a catena of judgments Hon'ble Supreme Court ruled that superintendence and control falls within the domain of the Election Commission, to ensure free and fair election in accordance to law in the country and free and fair election, the Election Commission of India may issue appropriate order or direction vide Kanhiya Lal Omar v. R.K. Trivedi, 1986 AIR(SC) 111 Digvijay Mote v. Union of India, 1993 4 SCC 175; Election Commission of India v. Ashok Kumar, 2000 8 SCC 216; in the matter of Special Reference No. 1 of 2002 and Election Commission v. Sivaji, 1988 AIR(SC) 61.;