The main legal point established is the obligation of the State Government to provide assistance to the Election Commission for conducting free and fair elections, the Election Commission's power to request deputation of officers, and the implementation of the Model Code of Conduct for party-less elections.

M.Y. Eqbal, J.

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 & 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:

As per the constitutional mandate and the direction of Courts the Commission decided to hold elections to the Municipalities which was long due and request and recommendation were made to the Governor of the State. The petitioner-Commission, to ensure free and fair election brought out a Model Code of Conduct from the date the election programme was published.

3. The State Government issued notification giving out election programme for the Ranchi Municipal Corporation, 11 Nagar Parishad and 17 Nagar Panchayat. Petitioner-Commission made a request and recommendation to the Governor of Jharkhand to notify the election programme in the Jharkhand gazette. The Commission then requested the State Government to depute 35 Officers to the commission as observers to ensure free & fair election categorically mentioning therein that such request has already been made to the Governor to notify the election programme and delay in deputing Officers shall adversely affect the election. To the utmost surprise of the petitioner-Commission, the said request has been turned down by the State Government for deputing 35 observers and further informed that there was no provision for enforcing Code of Conduct as promulgated by the Commission.

4. 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.

5. Mr. Delip Jerath, learned Counsel to the petitioner, firstly drew our attention to Articles 243ZA and 243K and submitted that the State Election Commission is an independent body having important constitution obligation to ensure free & fair election and for that the State Government is bound to give full ass stance and cooperation. Learned Counsel submitted that Sections 19-A and 19-B of the Jharkhand Municipal Act clearly confers power to the Commission to ask for deputation of officers to conduct the elections apart from the constitutional provisions. Lastly, learned Counsel submitted that the Stale Government is bound to depute 35 Officers as demanded by the Commission.

6. Mr. Ram Balak Mahto. learned senior council appearing for the respondents-State of Jharkhand, firstly submitted that Articles 324 and 243ZA are pari materia. There is no concept of observer under the Municipal Corporation Act or Rules made thereunder. According to the learned Counsel, the concept of observer finds place in the Representation of Peoples Act. According to learned Counsel, unless there is a law to that effect, the observer cannot exercise power as provided under Section 20B of the Representation of Peoples Act. Learned Counsel lastly submitted that it is a party-less election and, therefore, there is no need of observer. On the Model Code of Conduct, learned Counsel submitted that enforcement of Model Code of Conduct by the Election Commission is wholly misconceived.

7. For better appreciation of the submiss