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1994 DIGILAW 537 (SC)

State of A. P. v. Election Commission of India

1994-04-25

J.S.VERMA, S.P.BHARUCHA

body1994
JUDGMENT : This application by the respondent No. 1-Election Commission of India is stated to be for modification of the interim order dated 4.4.1994 made by us. However, the submission of learned counsel for the respondent is merely for clarification of our order dated 4.4.1994. 2. The only dispute raised in the writ petition is to the enforceability of the model code of conduct prior to the date of the statutory notification issued under the Representation of the People Act, 1951, commencing the election process and the legal sanction for the same in case of any breach thereof prior to the date of issue of the statutory notification. The writ petition does not dispute either the desirability of the provisions of the model code of conduct or the requirement of following the same or its enforceability from the time of the issue of the said notifications. It is common ground that the said statutory notifications are in the offing and are expected to be issued shortly. 3. We make it clear that in our interim order dated 4.4.1994 was made and was intended to operate only upto the time of issue of the statutory notifications commencing the election process. No further direction on this application is therefore necessary. I.A. No. 2 is disposed of.