STATE ELECTION COMMISSION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY the instant writ petition, the petitioner -Jharkhand State Election Commission, made a prayer for issuance of appropriate writ for quashing the order as contained in letter No. 2/vividh dated 18.2.2008 issued by the Personnel Administration Reforms and Raj Bhasha Deptt. Government of Jharkhand, Ranchi under the direction of the State Government, whereby demand of the Commission for deputing 35 officers of the rank of Joint Secretary as observers has been turned down. A further prayer has been made for issuance of appropriate direction upon the State Government to implement the Model Code of Conduct issued by the State Election Commission (in short "the Commission").

(2.) THE facts of the case lie in a narrow compass:

(3.) A counter -affidavit has been filed by the respondent -State wherein it is stated that the State of Jharkhand is willing to provide all assistance/cooperation to the petitioner -Commission for conducting fair and peaceful election in the State of Jharkhand. Further it is stated that since the election relates to municipalities including Nagar Panchayats, Municipal Councils, and Municipal Corporations is a party -less election, question of enforcement of Model Code of Conduct does not arise.