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2016 Supreme(Ker) 115

V.CHITAMBARESH
T. M. BASHEER – Appellant
Versus
SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM – Respondent


Advocates Appeared:
For the Petitioner: SRI.P.DEEPAK
For the Respondent: SRI. MURALI PURUSHOTHAMAN, SC, ELE.COMMN., SR. GOVERNMENT PLEADER SMT. K.A. SANJEETHA.

JUDGMENT :

Should the statutory exercises by the Regional Transport Authority or its Secretary in the matter of granting permits, conducting timing conferences or allowing replacement of the vehicles be held up owing to the model code of conduct for election?

2. The petitioners are operators of stage carriage whose applications for temporary permit and variation of regular permit are kept pending under the guise of model code of conduct for election. The model code of conduct for the guidance of political parties and candidates issued by the Election Commission of India is conspicuously silent on this issue. But nevertheless the Chief Electoral Officer in partial modification of her earlier order dated 6.3.2009 had issued an order dated 21.3.2009. It was clarified therein that prior permission must be obtained from the Chief Electoral Officer for issuance of permits even if meetings are conducted by Regional Transport Authority. The applications for issuance or renewal of permits were also directed to be referred to the office of the Chief Electoral Officer in case any doubt arises as regards the breach of the model code of conduct. It is presumably on the basis of the aforesaid orde








































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