Model code won’t prevent execution of high court order: Punjab & Haryana HC
Justice Rajbir Sehrawat noted that there are several cases in which Haryana and Punjab have been citing that the high court’s orders could not be complied with on account of the model code in connection with the Lok Sabha polls.
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Justice Rajbir Sehrawat further clarified that “no further excuse of prevalence of Model Code of Conduct shall be entertained” by it “as a ground of non-compliance of the orders passed by the High Court, any more”.The Punjab and Haryana High Court has made it clear to the two states and the Union territory of Chandigarh 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 court made the observations while hearing a contempt petition filed by one Naresh Kumar over non-compliance with its direction passed in 2022 pertaining to the appointment of a constable in Haryana.
Justice Rajbir Sehrawat further clarified that “no further excuse of prevalence of Model Code of Conduct shall be entertained” by it “as a ground of non-compliance of the orders passed by the High Court, any more”.
Haryana, meanwhile, submitted that although the state Director General of Police (DGP) had issued orders for appointing the petitioner, the actual appointment could not be given to him because of the model code issued by the Election Commission of India due to the Lok Sabha polls.
Finding the DGP’s excuse “unnecessary”, the bench observed that “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”.
The bench noted that there are several cases in which Haryana, Punjab and Chandigarh have been taking a stand that the orders of the high court could not be complied with on account of the prevalent model code.
“…it has become necessary to clarify here that no code of conduct issued by the 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…,” said Justice Sehrawat.
The bench said the officials are fully authorised and 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. It added that the high court’s orders must be implemented unless it is specifically stayed by some appellate court.
“Let a copy of this order be sent 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 is clarified 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,” stated the high court.
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