New Delhi: The Modi government did not seek permission before announcing the formation of a trust for the construction of the Ram temple at Ayodhya, following the Supreme Court’s 9 November order.
According to sources in the Election Commission, the permission is not required as the central government was only following the Supreme Court order, which is beyond the scope of the Model Code of Conduct (MCC).
The MCC is in place for the Delhi assembly elections on 8 February.
“It is prima facie not a violation of the Model Code of Conduct since the government was following court orders… The commission will examine the matter but the orders of the apex court have to be followed irrespective of the imposition of the MCC,” an official said. “There must be a precedent in the past, which would now be studied.”
In its judgment on the decades-old dispute, the Supreme Court had given the Modi government three months to set up a trust to oversee construction of the temple.
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‘A settled matter’
Explaining further, S.K. Mendiratta, former legal advisor to the EC, said it is a settled matter that Supreme Court orders are above the MCC.
“Especially, when the court has set a deadline within which its orders need to be followed. The EC cannot interfere and say follow it only after MCC is lifted,” he said. “So, in that sense, there is no need for the government to even ask for permission from the EC.”
The MCC is a non-binding set of guidelines issued by the poll body that regulates the conduct of political parties and candidates in the immediate run-up to elections.
One of the key provisions of the MCC is “to provide a level playing field for all political parties, keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order”.
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