Neeraj Rohmetra
JAMMU, Nov 7: Election Commission of India (ECI) has relaxed the provisions of the Model Code of Conduct (MCC) in Jammu and Kashmir so as to enable the State Government to continue unhindered the on-going relief and rescue operations for flood-affected areas of the State. Besides, the relief packages announced by the Centre have also been covered under similar provisions and wouldn’t need prior approval of the Commission.
This was stated by the Election Commission in an affidavit before the Supreme Court bench headed by the Chief Justice H L Dattu while hearing a writ petition.
Principal Secretary of the Election Commission, K Ajaya Kumar, in his affidavit, which is in possession of EXCELSIOR has categorically stated, “all relief work and enabling administrative work can be undertaken by the Governments.
Copies of the document dated November 5, this year bearing number 437/6/J&K/2014-CC&BE have also been sent to the office of the Union Cabinet Secretary, Ajit Seth, Chief Secretary of the State, Iqbal Khandey and the Chief Electoral Officer, Umang Narula.
While referring to the MCC, which is in place from October 25 after the announcement of Assembly election, the document says, “all relief and rehabilitation measures declared in the flood affected areas as per the approved schemes of the Central and State Government may be carried out without prior approval of the Commission”.
“All emergent relief works and measures that are aimed to mitigate the hardships directly and solely of the persons affected by the flood are also permissible without reference to the Commission”, says the note.
Elaborating further, the document says, “even during the recent visit of the Commission to the Jammu and Kashmir to review the election preparedness, the issue was brought to Commission’s notice by the State Government officials. The officials, who were present in those meetings, had also pleaded for relaxation of the provisions of the MCC”.
“The Commission had stated at that time that the provisions of the model code will be appropriately relaxed for the purpose of providing relief and rehabilitation measures in the flood hit areas in the State”, the document added.
Referring to the packages announced by the Centre, the document says, “the Commission has also approved the relief and rehabilitation package announced by the Central Government for flood affected areas and victims in Jammu and Kashmir”.
“Ex-gratia payments and gratuitous relief in the aftermath of the floods can be given directly to the persons affected or their families as per the schemes announced or notified by the Central or State Government”, says the EC document adding, “even the payments directly to the hospitals from the Chief Minister’s / Prime Minister’s Relief Fund in lieu of direct cash payment to individual beneficiaries will be permissible without reference to the Commission”.
The document further says, “all enabling administrative and financial works for the purposes like bulk purchases of items of relief material, floating of tenders and their finalization and execution may be made by the Government duly following the prescribed procedures and existing rules and regulations”.
“In case, the Central or State Government is of the opinion that there are some more activities related to relief and rehabilitation no covered in the above said instructions, they may bring the same to the notice of the Commission for appropriate decision”, concludes the documents.
The Bench, which also comprised Justice A K Sikri also asked the Centre to apprise it of their stand on the State Government’s demand of Rs 44,000 crore for relief and rehabilitation work.
On allegation that poor quality food articles were being supplied to flood victims in the State, the bench said, “we expect good governance from the State Government”.
Counsel of the State Government submitted before the Court that adequate quantity of ration was being supplied to the flood-affected areas of the State. They also informed that sufficient arrangements were being made for the victims in view of approaching Winter season.
During the last hearing on October 31, the Apex Court had favoured relaxation of Model Code of Conduct in poll-bound Jammu and Kashmir to remove any hindrance in Government’s relief and rehabilitation work following the recent floods.
The Court had also sought response of the EC on the issues and questioned why political parties did not approach the Commission for postponement of elections when it has been claimed that life has not returned to normal.
The court had made these observations on the submission of the petitioner — Bhim Singh that the Model Code was coming in the way of relief work and the tragedy should be declared as a National Disaster.
It had also raised the question about the on-going relief and rehabilitation work in the State after going through a report filed by a five member Committee appointed by it. The Committee, in its report, had said people in many affected areas had not got any relief from Government side so far. It had said that relief was not being properly and equitably distributed in some districts, particularly in Srinagar, Udhampur and Rajouri.
The Apex Court had on September 24 had appointed a five- member Committee headed by Registrar General of High Court to ascertain the ground situation of the flood-affected State.
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