Rakesh B 14 July 2017

Query

I have 2 questions. Suppose 4 Municipalities in a state are going under Election. So, whether the model code of conduct will apply to the whole state? Or will be applicable only within the area covered by those municipalities? 2nd question: Suppose a person is prescheduled to join in a central government service. But suddenly the state election commission announces vote for 4 municipalities of the state (though the area of that person does not come under the jurisdiction of those municipalities). So, will he b able to join in his service or he will have to wait untill the elections are over? (His place of posting is also out of the voting area). If he has to wait, what are the provisions for prescheduled appointments? Kindly comment

Reply Follow

2 Replies

Raveena Kataria (Advocate ) 14 July 2017

Hi, please make note of the following points:

○During Lok Sabha elections, the code is applicable throughout the country.
○During Vidhan Sabha elections, the code is applicable in the entire State.
○During bye-elections, the code is applicable in the entire district or districts in which the constituency falls.

Also, the code clearly specifies that candidates/ministers should not make apppointments in govt/public undertakings which may have the effect of influencing the voters in favour of the party in power.

You should be able to judge the nature of appointment using these factors and know whether or not it would be unlawful.