The Hindu : EC notice to Cong. for 'violation of model code'

Online edition of India's National Newspaper
Wednesday, Nov 19, 2003

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EC notice to Cong. for 'violation of model code'

By Our Special Correspondent

NEW DELHI NOV. 18. The Election Commission tonight issued show-cause notice to the Congress asking it to respond within a week why its national party status should not be "suspended or withdrawn" for having "violated" the model code of conduct.

The Commission said that the Congress president, Sonia Gandhi, the Chhattisgarh Chief Minister, Ajit Jogi, and the State Assembly Speaker, Srinivas Tiwari, had used the State Government's aircraft during electioneering.

The EC said one aircraft and one helicopter, owned by the State Government, had been used by the Congress leaders on and after October 6 up to November 12 for as many as 10 times. The Commission said it had received several complaints that the aircraft belonging to the State were being "misused" by the Congress leaders for campaigning.

On inquiry, the Commission has found that the aircraft, namely, Beechcraft B200 aircraft VT-MPG and EC-135 helicopter VT-CGH, both owned by the Chhattisgarh Government, have been used on and after October 6 up to November 12 for as many as 10 times," the EC order said.

While issuing the show-cause notice, the EC said that in the even of default by the Congress to respond to the notice within the stipulated time, it would be presumed that the party had nothing to say on it. The EC would then take appropriate action or decision without further reference to the party.

The order was issued after a full Commission meeting chaired by the Chief Election Commissioner, J.M. Lyngdoh, said it was prima facie of the view that the provisions of the Election Symbols (Reservation and Allotment) Order, 1968, were squarely attracted in the present case of the use of the aircraft by the leaders of the Congress in violation of the model code of conduct and the lawful directions and instructions of the Commission.

The EC brought to the attention of the Congress that it was a well-settled fact that the model code of conduct comes into operation from the date of announcement of the election schedule, which came into force in the State from October 6. The EC recalled as having directed that to ensure a level-playing field for all the parties in the fray there shall be an absolute ban on use of the State-owned aircraft propelled at State-cost or hired at State-cost for any reason, including security, and no exception shall be made in any case except for the Prime Minister.

The Congress said tonight that Ms. Gandhi had not used the State Government aircraft on the dates mentioned by the EC. On the contrary, she had been "absolutely correct" in her travel itinerary, the AICC media secretary, Tom Vadakkan, said. As regards Mr. Jogi and Mr. Tiwari, the AICC was in the process of checking it out with the Chhattisgarh Government. He said the party would respond to the EC notice in due course.

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