GIRJARAM HALNOR Vs. AURANGABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) THE petitioner herein, Chairman of the Standing Committee of the Aurangabad Municipal Corporation, made a grievance about the certain directions of the Deputy Commissioner, Municipal Corporation in pursuance of the directions of the State Election Commission. The elections of the Zilla Parishads in the State are in process and by letter dated 15-1-1997 the Town Secretary, Aurangabad informed the petitioner that since the Code of Conduct is in operation, no policy decisions can be taken in the meetings of the Municipal Corporation. Therefore, though a meeting can be called, there can be no discussion in the meeting and no policy decision can be taken. It is also pointed out in the petition that the vehicles belonging to the Corporation and used by various officers and non-official office bearers have been withdrawn and it is prayed that they should be allowed to make use of them.

(3.) ARTICLE 243-K of the Constitution of India empowers the Governor to appoint a State Election Commission and the superintendence, directions and control of the preparation of electoral rolls for and the conduct of all elections to the Panchayats is vested in the State Election Commission by the said Article. It is not in dispute that when the Election Commission is entrusted with the power of superintendence, give directions and to control an election, to issue certain guidelines as Code of Conduct is a power ancillary to the said power and, therefore, the Election Commission is well within its rights to issue a Code of Conduct. The only requirement is that those guidelines or directions issued by the Election Commission should be essential for maintenance of the purity of election process. Such guidelines or directions need not stop the day to day working of the representative institutions and the developmental work.