[Lok Sabha Elections] Model Code Of Conduct Doesn't Stand In Way Of Executing Judicial Order: P&H High Court Pulls Up Govts For Making "Excuses"

Observing that "no further excuse of the prevalence of Model Code of Conduct (MCC) shall be entertained", the Punjab & Haryana High Court has made it clear that no code of conduct issued by the Election Commission of India can be permitted to stand in way of execution of High Court's order. 

While noting that there are number of cases where the States of Haryana and Punjab, as well as, the Union Territory Chandigarh have been taking a stand that the orders of the High Court could not be complied with in respective cases on account of prevalent MCC, the Court said "it has become necessary is clarify."

Justice Rajbir Sehrawat said, "that no code of conduct issued by Election Commission of India or any order or instructions issued by any other authority, can be permitted to stand in the way of the execution of the order of the High Court."

The authorities are fully authorized and are under a legal duty to execute the orders of the High Court without any specific permission from or intervention of the Election Commission of India, the Court further said.

Therefore, the Court clarified that "the States of Punjab and Haryana, as well as, Union Territory Chandigarh shall comply with the orders passed by the High Court, irrespective of the enforcement of the Model Code of Conduct on account of Lok Sabha Elections or any other election, unless the orders passed by the High Court are actually and specifically stayed by some appellate court."

The judge directed the registry to circulate the order to the Chief Secretary, Government of Haryana; Chief Secretary, Government of Punjab and Administrator, Union Territory, Chandigarh for their knowledge and necessary compliance, and also for onward communication of this order to all the departments under them.

It also said that "no further excuse of prevalence of Model Code of Conduct shall be entertained by this court as a ground of non- compliance of the orders passed by the High Court, any more."

The development came while hearing a contempt petition for noncompliance of the High Court's direction passed in 2022 pertaining appointment of a constable in Haryana.

However, the State counsel submitted that the petitioner could not be appointed by the DGP Haryana, in compliance with the High Court's direction because of the "prevalent Model Code of Conduct issued by the Election Commission of India due to Lok Sabha Elections."

After hearing the submissions, the Court opined, "there is no clause in the Model Code of Conduct under which issuance of appointment, even pursuant to the High Court's order might be required to be kept in abeyance."

Justice Sehrawat remarked that "it is an unnecessary excuse taken by respondent no.2 (DGP, Haryana).

Stating that no further excuse for the prevalence of Model Code of Conduct shall be entertained as a ground of non-compliance of the orders passed by the High Court, the Court deferred the matter for May 05.

Rajat Mor, Advocate for the petitioner.

Amit Aggarwal, DAG, Haryana.

Title: Naresh Kumar v. Virat Secretary HSSC, Panchkula & Anr.

Click here to read/download the order