Dr. Sarita Magu And Ors. vs State Of Haryana And Ors. on 16 January, 2008
Would this be a valid ground to deny appointment to the
petitioner, who is duly selected much before the election process or
the elections were announced?. Mr.Rathee is very fair in stating that
this court has already viewed that the model code of conduct could
not be pressed into service to deny appointment to an individual.
Reference can here be made to Rachna and others Vs. State of
Haryana, 2007(3) RSJ 93, wherein after making reference to two
others Division Bench judgments in CWP No.833 of 2005 titled
Sarita Vs. State of Haryana, decided on 21.1.2005 and CWP
No.1621 of 2005, titled Renuka Wadhwa Vs. State of Haryana and
others, decided on 14.2.2005, it is observed that the Election Model
Code of Conduct could not stand as embargo with respect to the
appointment of the persons, who have been duly selected by the
Commission. Even otherwise, model code of conduct may not have a
statutory force as such. It is a code which is formulated to be
followed by conclave of the political parties upon agreement. The
selection process, which was initiated much prior to the issuance of
election process and was finalised much before the announcement of
the elections, bringing in force the model code of conduct would have
no effect on the selection so made.