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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Sanjay Jain - Appellant
Versus
Election Commission Of India & Ors. - Respondents
Writ Petition (M/S) No. 2579 of 2021
Decided On : 09-12-2021
Mandamus - Model Code of Conduct - Prohibition of Corrupt Practices
Fact of the Case:
The petitioner sought a writ of mandamus to direct the Election Commission to make rules and regulations in the Model Code of Conduct to prohibit corrupt practices and to prohibit the execution of agreements for the supply of free electricity, alleging violation of relevant acts.
Finding of the Court:
The court found that the petitioner had not approached the Election Commission with the demand for laying down such Code of Conduct, and therefore, the reliefs as claimed could not be granted. The writ petition was disposed of with liberty to the petitioner to approach the Election Commission by making a representation.
Issues: The main issue was whether the court could grant the reliefs sought by the petitioner without the petitioner first approaching the Election Commission with the demand for laying down the Code of Conduct.
Ratio Decidendi: The court held that in the absence of a demand made by the petitioner to the Election Commission, the reliefs as claimed could not be granted. However, the court emphasized the petitioner's liberty to approach the Election Commission with a representation, which would be considered in accordance with the law.
Final Decision: The writ petition was disposed of with liberty to the petitioner to approach the Election Commission by making a representation.
JUDGMENT
Manoj Kumar Tiwari, J. - By means of this writ petition, petitioner has sought the following reliefs:-
"I. Issue a writ, order or direction in the nature of the writ of mandamus directing the respondent no. 1, 2 and 3 of the present writ petition to make Rules and Regulations in the Model Code of Conduct to prohibit corrupt practices as defined under Section 123 of the Representation of the People Act, 1950 and 1951 (Act No. 43 of 1950 and Act No. 43 of 1951) and direct the respondent no. 4 not to execute agreements for registration of supply of 300 Units of free electricity in the State of Uttarakhand as it is in violation of Section 123 of the Representation of the People Act, 1950 and 1951 (Act No. 43 of 1950 and Act No. 43 of 1951) and the provisions of the India Contract Act, 1872.
II. Issue a writ, order or direction in the nature of the writ of prohibition directing the respondent no. 4 of the present writ petition to execute agreements in writing by registration online for supply of 300 Unit free electricity as it is in violation of Section 123 of the Representation of the People Act, 1950 and 1951 (Act No. 43 of 1950 and Act No. 43 of 1951) and the provisions of the India Contract Act, 1872."
2. In sum and substance, petitioner seeks a direction to the Election Commission, to lay down Code of Conduct to ensure that political parties do not offer bribe in the shape of freebies for securing votes. However, there is no averment in the writ petition to show that petitioner had approached the Election Commission for laying down such Code of Conduct.
3. In the absence of any such demand made by the petitioner to the Election Commission, the reliefs, as claimed cannot be granted, however, having regard to the issue raised by the petitioner, the writ petition is disposed of with liberty to him to approach the Election Commission of India, by making a representation. In the event of petitioner making such representation, this Court hopes and expects that the same shall be considered, in accordance with law, expeditiously.
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