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SC upholds poll panel's rules for use of official vehicles

The Supreme Court of India today upheld the guidelines issued by the Election Commission for official tours and the use of official vehicles by ministers during elections.

A division bench comprising Justices S P Bharucha and V N Khare, hearing a batch of special leave petitions, including one by the Uttar Pradesh government, challenging the model code of conduct, said there is no cause to interfere with clause 6.3 read with clause 7 of the commission's directions.

These clauses specify guidelines for visits by ministers and the use of official vehicles by them.

The bench will decide at the final hearing on November 17 whether state ministers should be treated at par with Union ministers as far as their visits are concerned.

According to clause 6.3 read with clause 7 of the Election Commission's guidelines, the only exception to the restrictions on tours and the use of official vehicles is when a minister, in his capacity as in-charge of a department, or a chief minister undertakes an official visit to a constituency or summons any election-related officers of a constituency to a place outside the constituency in connection with the failure of law-and-order, a natural calamity, or any other such emergency.

The court clarified that ministers are entitled to use their official vehicles in the state capital from their place of residence to their office for official work, provided such commuting is not combined with electioneering or any other political activity.

Any violation of these instructions will be viewed as a gross infringement not of the model code of conduct but also of the commission's authority to promulgate those directions it thinks fit to ensure a peaceful, fair, free poll, and will be visited with grave consequences, the court warned.

UNI

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