According to the Madras High Court, Election Commission of India (ECI) can put guidelines in place to ensure that public funds are not brazenly used by Ministers for campaigning purposes “as is usually being indulged in at present”.
The case is about a political party filed the PIL in the Madras High Court.
It seeks a direction to ECI to prohibit ministers, the Leader of the Opposition, and all others holding public office from campaigning on behalf of their party’s candidates.
The petitioner alleged that these people end up misusing their public office during elections. It becomes a disadvantage for the other candidates in the fray.
The court start that ECI has sufficient authority to put in place checks and balances.
ECI can allow Ministers to enjoy their official status and simultaneously can prevent them from spending government funds for campaigning or election purposes.
Security concerns for higher officials like Chief Ministers and those holding Cabinet positions at the Centre shall also be considered.
But the EC can still put some guidelines in place in addition to the existing guidelines. It is indicated in the model code to ensure government funds are not used for campaigning purposes, which is a usual exercise at present.
Model Code of Conduct is a set of guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, portfolios, election manifestos, processions and general conduct.
The Model Code of Conduct consists of a set of guidelines expected to be abiding by the political parties, their campaigners and the candidates. The Election Commission brings the Model Code of Conduct into effect to ensure free and fair elections.
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