Model Code of Conduct are not
statutory in nature. Therefore, any alleged violation of the code of
conduct qua issuance of the appointment letters, invites ... Model Code of Conduct, by its nomenclature itself; is
clearly indicative of the fact that this is only a code of conduct which is
expected
Nisar Ahmed vs Farhad Suri on 24 October, 2009
IN THE COURT OF Dr. KAMINI
were offered appointments before 17.12.2004 and 1454 candidates were offered appointments are 17.12.2004 i.e. after imposition of Model Code of Conduct ... appointments in Governments, public undertakings etc. the making of appointments on regular basis was even bigger favour and was against the Model Code of Conduct
Model Code of Conduct which was to be observed during the period of election. Clause 3(d) of the Model Code of Conduct provided that ... under Clause 7(vi)(d) of the Model Code of Conduct for elections, only an ad hoc appointment cannot be made. Appointment on regular basis
model code of conduct was imposed by the
competent authority on 17th December, 2004. The Government started
taking steps for appointing the Chairman/Members ... Commission
just before the imposition of the model code of conduct and appointed
the Chairman and Members of the Commission, official/non-official,
between
petitioner also submitted that entire procedure, as referred above, was fairly conducted without any influence of petitioner and no complaint whatsoever was made ... letter to petitioner, however, it appears that since a Model Code of Conduct was enforced, appointment letter was not issued immediately.
26. A controversy commenced
selection process was completed but appointment letters could not be issued
because of promulgation of the Model Code of Conduct. In those
circumstances ... been selected could not be appointed on account of coming into force of
Election Model Code of Conduct and subsequently the selection was set
aside
claims that after his appointment on
12.12.1990 he insisted on strict compliance with the model
Code of Conduct by all political parties and candidates ... discomfiture to them. His insistence on
strict observance of the model Code of Conduct had also
disturbed the calculations of the ruling party. According
claims that after his appointment on
12.12.1990 he insisted on strict compliance with the model
Code of Conduct by all political parties and candidates ... exception
regarding the conduct of the Governor of Uttar Pradesh, Shri
Moti Lal Vohra, for violating the model Code of Conduct.
Since the ruling party
Model Code of Conduct was clamped by the Election Commission
of India, New Delhi on 17.12.2004. On the day when the Model Code of
Conduct ... India had indicated that officers responsible for appointment
in violation of Model Code of Conduct would be liable for
disciplinary action of Commission
