The Election Commission is entitled to take necessary steps for the conduct of a free and fair election even anterior to the date of issuance of notification, from the date of announcement of the election. The model code of conduct adopted to be followed by all political parties including the political party in Government, can be directed to be followed by the Election Commission.

K.Sreedharan, J.

1. An issue of far reaching consequences is raised in this writ petition. It is whether; Election Commission can control the activities of Government during the period subsequent to the announcement of election to the Parliament or the Legislative Assembly of a State before notification in that regard is issued by the President of India or the Governor of a State, as the case may be.

2. Short facts, necessary for disposal of this case are as follows. Petitioner was a former convener of Kisan Dal which is a Wing of Shiromani Akali Dal, in short, SAD. He claims to be a public man and states that he is aggrieved by the illegal and unconstitutional action of the Election Commission in imposing the restrictions on the Government of Punjab on the eve of the general elections to the Punjab State Legislature. The term of the then Assembly was to expire on March 15, 1997. SAD Party had announced free electricity to agricultural sector; abolition of octroi and Inspector Raj and other welfare measures. The Party then in power, namely, Congress also announced various welfare measures for the people of the State. Virtually, the policies announced by the parties are same, aimed at the welfare of the common people. Ruling party announced various ameliorative measures for the benefit of agriculturists, trade and industrial sector; for the welfare of women; for the welfare of people belonging to economically backward classes; war widows; pensioners; students; Food and supplies sector and Transport sector etc. They were so announced in a State level conference held on December 22, 1996, at Ludhiana. Majority of the schemes announced are unobjectionable, aimed to uplift the common man. The ruling party also announced that some of the schemes formulated by them would be implemented with effect from January 1, 1997. It is stated by the petitioner that the officer bearers of SAD approached the Election Commission to prevent the Government from proceeding with the implementation of the scheme. Even though Election Commission had no legal or Constitutional authority to interfere with the working of the Government in power, the Chief Election Commissioner announced the poll dates on December 30, 1996. Thereupon, he started exercising control to stall the implementation of policies announced by the State Government on December 22, 1996. Immediately on the announcement of the poll dates, the Commission caused to send Annexure P-5 fax message to the Chief Secretary and the Chief Electoral Officer stating that the Model Code of Conduct and ban on transfer of election related officers will be applicable in the State. Any violation of instructions regarding non-transfer of officers, payment of grants out of discretionary funds and guidelines enunmerated in Model Code of Conduct for political parties and candidates will be viewed very seriously and necessary action as deemed appropriate would be taken on each case of violation. Annexure P-4 Press Note issued by Election Commission on December 30, 1996, stated that Commission has to recommend to the Governor of Punjab to issue notification Under Section 15 of the Representation of the People Act, 1951 thereinafter referred to as the Act, for issuing the requisite notification for the election to Punjab Legislative Assembly, Governor was to issue the notification on January 13, 1997, and the poll to take place on February 6, 1997. When the notification was to be issued by the Governor on January 13, 1997, it is the petitioners contention, that Election Commission had no authority to impose any restriction whatsoever in the functioning of the Government in power with effect from the date of announcement of election up to the date of issue of notification. The argument of the petitioner is that unless a notification is issued by the Governor, as contemplated by Section 30 of the Act, Election Commission cannot exercise any power, or rule in the conduct of election. Pursuant to the notifi