Poll code should not impede routine working of govt: HP High Court

Legal Correspondent

Shimla, April 29

The HP High Court today directed the Chief Secretary to issue clear instructions to the government departments clarifying therein that the model code of conduct does not impede the routine working of the government/public undertakings/boards/corporations etc.

‘Unofficial pen-down strike’

We are at pains to note that this court is flooded with litigation where promotions/appointments etc. have been denied solely on the ground of imposition of model code of conduct. The imposition of poll code can aptly be described as a “unofficial pen-down strike” in the government/public undertakings and all businesses, including routine business, are held up on account of misinterpretation and misconstruction of the provisions of the document described as model code of conduct. HC Division Bench

A division bench, comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, further ordered to issue clear instructions that the poll code cannot be used as a pretense by the government servants for indulging in any “unofficial pen-down strike” during the currency of the model code of conduct within a week. It further ordered to issue instructions regarding the purpose and object of issuing the poll code.

While passing these directions, the court observed that “we are at pains to note that this court is flooded with litigation where promotions/ appointments etc. have been denied solely on the ground of imposition of model code of conduct. The imposition of poll code can aptly be described as a “un-official pen down strike” in the government/public undertakings and all businesses, including routine business, are held up on account of misinterpretation and misconstruction of the provisions of the document described as model code of conduct. It is high time that the state government takes a call on the issue.”

The court passed this order while dealing with a petition, wherein the claim of the petitioner placing/promoting him as Superintendent Grade II (Ex Cadre) in HP Krishi Vishav Vidalya, Palampur, was opposed by saying that no appointments/promotions/placements etc. were made in the university during the period when poll code is in force.

Rejecting the plea of the university, the court observed that “we really fail to understand how the stand taken by the university can be said to be tenable and that is why we had requested the Registrar of the university to explain as to how and in what manner the model code of conduct would in any manner affect the appointments and promotions made by the university during the currency of the model code of conduct.”

It further observed that “after-all, what was prescribed is only a prior clearance of the Election Commission. The mere fact that the petitioner did not approach the university along with his representation at the time of slot falling vacant is of no avail. Moreover, it is not something, which the petitioner is seeking with ‘begging bowl’, but he is rather seeking his legitimate claim against the legitimate expectation.”

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