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This is an archive article published on July 27, 1999

Gujarat CM8217;s move on code draws flak

GANDHINAGAR, JULY 26: Chief Minister Keshubhai Patel's letter to the Election Commission EC has raked up a controversy, with Opposition...

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GANDHINAGAR, JULY 26: Chief Minister Keshubhai Patel8217;s letter to the Election Commission EC has raked up a controversy, with Opposition leaders dubbing it as an 8220;attempt to undermine the EC8217;s authority8221;. In his letter last week, Patel had demanded that the guidelines contained in the Model Code of Conduct be modified, as they prevented the ministers from discharging their constitutional obligations.

Patel had told Chief Election Commissioner CEC M S Gill that the CEC had 8220;no legal or moral authority8221; to issue blanket instructions against elected representatives of the people. 8220;It is nothing but a blatant attempt by the Chief Minister to not only undermine, but also challenge the Election Commission8217;s authority,8221; former Rajya Sabha member and legal expert Brahmkumar Bhatt told The Indian Express.

Bhatt said, 8220;The EC is a quasi-judicial authority which is always respected by all political parties, particularly those in power in different states. If the Chief Minister really feels the EC8217;s guidelines under the Model Code of Conduct are unconstitutional and illegal, he should challenge it in the court of law, or defy it if he has the guts8221;.

The ruling BJP was caught unaware by the EC8217;s sudden announcement of the schedule for the Lok Sabha elections in the first phase in Gujarat. It had planned a series of inaugurations by the Chief Minister and his ministerial colleagues all over the State, which had to be cancelled after the announcement of the election schedule.

Leader of the Opposition Amarsinh Chaudhary says the Chief Minister has an ulterior motive in writing to the CEC. 8220;He wants to misuse the administrative machinery to lure the electorate,8221;Chaudhary said, adding, 8220;When Patel was in the Opposition, he was all praise for the EC8217;s strict enforcement of the Model Code of Conduct.8221;

Chaudhary also termed Keshubhai Patel8217;s decision to fly in the State Government8217;s helicopter to Surat on Saturday to attend a function as 8220;a blatant violation of the Model Code of Conduct8221;. He said he would draw the attention of the State Chief Electoral Officer to this.

 

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