In this writ petition, a Company stated to be affected by the direction issued by the Election Commission to the Government of Kerala that signing/execution of agreement for setting up of "Smart City" at Kochi between the Dubai Technology and Media Free Zone Authority (TECOM) and the Government of Kerala, be deferred till completion of election, challenges the said direction. The short facts necessary for disposal of this writ petition as stated by the petitioner are as follows.

2. During the second week of December, 2004, the TECOM submitted a proposal for setting up a project named "Smart City" at Kochi with a project outlay of US $ 300 million covering an area of about 1000 acres of land in and around the premises of Info park set up by the Kerala State IT Mission, a society incorporated by the Government of Kerala. Negotiations between the Government of Kerala and TECOM were held in January and April, 2005 wherein broad terms for the memorandum of understanding was finalized. Thereafter, Government of Kerala, issued Ext.P1 order dated 7-5-2005 directing freezing of further development activities of the Infopark and allotment of land in view of the progress made for the establishment of the Smart City. Thereafter, the Government of Kerala and TECOM signed Ext.P2 Memorandum of Understanding dated 9-9-2005 wherein the parties came to an understanding regarding the establishment of a joint venture company with share holding for TECOM and the Government of Kerala or their nominees, grant of lease of approximately 100 acres of land free of cost but directly relating the same to employment creation, acquisition and transfer of additional land of around 136 acres at a stated price, transfer of Infopark, creation of employment avenues for 33,300 IT professional and other support by the Government of Kerala. The Memorandum of Understanding provided for signing of a formal agreement between the parties, which was aimed at the ultimate establishment of the Smart City as contemplated in the Memorandum of Understanding. This was widely published in English and Malayalam newspapers in Kerala as evidenced by Exts.P3 and P4 press reports. Discussions followed regarding the final points to be incorporated in the formal agreement, which were finalized during the third week of February, 2006. As required under the Rules of Business of the Government of Kerala, the agreement was also approved by the Finance and Law Departments of the Government.

2. Thereafter, a public interest litigation was filed by a Samithy as W.P.(C) No.3898/2006, which was dismissed on 13-2-2006 directing that before the agreement is signed the representation made by the petitioner in that writ petition would be examined by some responsible persons well versed with the subject matter of agreement and only when the terms and conditions of the agreement were cleared by such a person, the same should be signed to become an effective document. Pursuant to the same, the Government of Kerala, by G.O. (MS) No.4/2006/ITD dated 15-2-2006 constituted a committee to examine the issues raised in the writ petition. The committee finally submitted a report clearing the agreement to be executed between the Government of Kerala and TECOM. The finalized agreement was duly approved by the Finance and Law Departments, which was placed before the Council of Ministers in the forenoon of 1-3-2006 and the same was approved by the council of ministers. This was announced by the Chief Minister of Kerala at a press conference at about 1 p.m. on 1-3-2006 and was also telecast in all electronic media. In accordance with the Cabinet decision, Government issued Ext.P5 G.O(MS)10/2006/ITD dated 2-3-2006 approving the draft agreement appended thereto and authoring the Chief Executive Officer of the Infopark to sign the agreement on 8-3-2006 with TECOM. This also widely reported in all electronic and printed media. The agreement was thus scheduled to be signed on 8-3-2006.

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