The Election Commission informed the Kerala High Court that execution of the Smart City project agreement on election eve will violate the model code of conduct.
The EC justified its stand in interdicting the state government from entering into an agreement with the Dubai Technology and Media Free Zone Authority for setting up the project until the completion of the Assembly elections.
In an affidavit, the EC stated that the agreement, if executed now, would violate the model code of conduct.
The validity of the MOU with the Authority had already expired and it did not constitute a legally enforceable contract under UAE or Indian law, the EC pointed out.
The EC also said execution of the agreement, after commencement of the election process, amounted to announcement of promises, financial grant and launching of new projects. The party in power cannot make use of the constitutional machinery for the betterment of its prospects in the election.
The energy to do public good should be tried not on the eve of the elections but much earlier, the EC said.
Meanwhile, the state government informed the court that they were willing to proceed with the contract if the court allowed it. The Division Bench, comprising Chief Justice V K Bali and Justice J B Koshy, will consider the case on Friday.
