ORDER : Kalyan Rai Surana, J. 1. Heard Mr. D. Das, learned senior counsel, assisted by Mrs. A. Talukdar, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel for the Fishery department, representing respondent nos.1 and 2; Mr. M. Chetia, learned Govt. Advocate representing respondent nos.3, 4 and 5; as well as Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. D.J. Medhi, learned counsel for the respondent no.6. 2. The petitioner claims to be a registered cooperative society under the Assam Cooperative Societies Act, 1945 and it is projected that the society of the petitioner consists of 100% actual fisherman belonging to the scheduled caste community. The case of the petitioner is that pursuant to the last NIT issued on 15.11.2019, the group no.2/88 Dharnad Brahmaputra Pt. II & III fishery of Dhubri district. However, the said tender was not given effect to as one M/s. Chandakhola Beel Fishery Cooperative Society Ltd. had preferred a writ petition before this Court, seeking direction upon the respondent authorities for granting extension of lease for a period of 2 (two) years and not to give effect to NIT dated 15.11.2019. This Court by an interim order dated 16.12.2019, passed in WP(C) 8310/2019, passed a common order dated 12.02.2024 along with WP(C) 8281/2022, thereby closing the said WP(C) 8310/2019 as withdrawn. However, the connected WP(C) 8281/2022 was allowed by setting aside order dated 23.12.2019, issued by the Deputy Secretary to the Govt. of Assam, Fishery Department. It may be mentioned that by order dated 23.12.2019, the respondent authorities had allowed M/s. Chandakhola Beel Fishery Cooperative Society Ltd. to operate the fishery on daily basis. This Court had further ordered that keeping in view the fact that the interest of public exchequer would be best served if a new tender notice is issued by the State respondents and a fresh settlement of the fishery is made, which should be commensurate with the prevailing market rates. Accordingly, the State respondents were given liberty to initiate a fresh tender notice for settlement of fishery. 3. In the meanwhile, the appeal filed by the said M/s. Chandakhola Beel Fishery Cooperative Society Ltd., being WA 58/2024 was dismissed by the Division Bench of this Court by order dated 28.02.2024. In the meanwhile, the respondent authorities, specifically the Additional Secretary to the Govt. 3. In the meanwhile, the appeal filed by the said M/s. Chandakhola Beel Fishery Cooperative Society Ltd., being WA 58/2024 was dismissed by the Division Bench of this Court by order dated 28.02.2024. In the meanwhile, the respondent authorities, specifically the Additional Secretary to the Govt. of Assam, Fishery Department had issued an order bearing eCF No.E-268956/204 dated 08.03.2024, amongst others, settling the Group 2/88 Dharnad Brahmaputra Pt. II & III Fishery in Dhubri district to the respondent no.6 society, namely, M/s. Dharnad Brahmaputra Fishery Cooperative Society Ltd. (respondent no.6) at their offered rate of Rs.6932/- per day. The said settlement order on daily basis is the subject matter of challenge in this writ petition filed under Article 226 of the Constitution of India. 4. Issue notice returnable on 13.05.2024. 5. Requisite extra copies of the writ petition be furnished to the learned State and departmental counsel as well as to the learned counsel for the respondent no.6 in course of the day. 6. Heard both sides on the prayer for interim relief. 7. The learned senior counsel for the petitioner contends that the petitioner had given an offer of agreeing to settlement at whatever rate is fixed by the Govt. It is also projected from Annexure-13 to the writ petition that another cooperative society had given an offer of Rs.7,000/- per day for the said fishery and it is submitted that the settlement on daily basis was made without adopting any criteria. 8. Per contra, the learned standing counsel for the Fishery Department has submitted that the Fishery Department has decided to issue a tender for settlement of the said fishery in accordance with Rule 12 of the Assam Fisheries Rules, 1953. It is however, submitted that owing to the Lok Sabha Election, which is due in the State of Assam and will conclude on 07.05.2024, the respondent authorities could not issue any tender owing to the Election Code of Conduct. It is submitted that the receipt of Annexure-13 representation is disputed and denied as he has instructions that no such representation was made before the respondent authorities. It is also submitted that the petitioner had not quoted any rates and no documents were submitted and therefore, a vague proposal of the petitioner could not be considered. 9. It is submitted that the receipt of Annexure-13 representation is disputed and denied as he has instructions that no such representation was made before the respondent authorities. It is also submitted that the petitioner had not quoted any rates and no documents were submitted and therefore, a vague proposal of the petitioner could not be considered. 9. Per contra, the learned senior counsel for the respondent no.6 has also submitted that in the interest of revenue, as the rate quoted by the respondent no.6 was highest among the other participants, the said ad hoc arrangement may continue till the new tender is floated. 10. From the facts which emerge in this writ petition, it is noted that the previous settlement order of the fishery by way of tender process was issued sometime in the year 2012, which is gathered from the last NIT issued on 15.11.2019 by taking into account the settlement period of 7 (seven) years of fishery. Therefore, the ad hoc arrangement is found to have continued in the fishery in question from 2019 till date, which is more than four and half years now. 11. There is no dispute in the bar that the process tender system is envisaged under Rule 12 of the Assam Fishery Rules, 1953, which is quoted below: "12. Except those referred to in sub-rule No. 8(b) above, all registered Fisheries shall be settled under tender system of sale in place of sale auction: "Provided that the Government shall settle a 60% category fishery with special category of co- operative Societies, Non-Government Organisations and Self Help Groups consisting of 100% actual fishermen in the neighbourhood of the fishery concerned by the Tender System." Explanation 1:- For the purpose of this rule, the words "special category" means and includes the Co-operative Societies, Self-Help Groups, Non-Governmental Organisations comprising of 100% actual fishermen of the Scheduled caste community or Maimal community of erstwhile Cachar district. Who can not participate in competitive bidding because of poor financial condition due to famine, flood, draught, epidemic of any other circumstances which are beyond control of the society, non- Governmental Organisation or Self Help Groups as the case may be; Explanation 2: For the purpose of this rule "a 60% category fishery" means 60% of registered fisheries available in a Civil Sub-Division eligible for settlement in a particular year." 12. From the above provision, it appears that there is no scope for a daily settlement of fishery as the positive prescription of the Rule 12 is that all registered fisheries shall be settled under tender system. Moreover, it prima facie appears that taking advantage of no other prescription in Rule 12, the Govt. in the Fisheries Department are having a view that as the Fishery Rules does not prohibit daily settlement, they can do so. 13. Therefore, this is high time that the State Govt. should formulate a policy as to how this daily settlement business, if at all done, should be handled by the competent authorities, when the positive prescription of Rule 12 is only to adopt tendering system, the daily settlement frustrates the very purpose of Rule 12. 14. Therefore, taking note of the apprehension of the authorities of the Fishery Department, expressed through their learned standing counsel that there is Model Code of Conduct, which prohibits them from resorting to tendering system, notwithstanding that from the website of the Election Commission of India, the Court does not find that the Model Code of Conduct affects the regular tendering process. Nonetheless, taking note of the apprehension of the respondent authorities, the Court is inclined to provide that the interim arrangement of daily settlement in the present case in favour of respondent no.6 would come to an end on 10.05.2024. 15. The Model Code of Conduct as downloaded from the website of the Election Commission of India is quoted below for ready reference: "MODEL CODE OF CONDUCT FOR THE GUIDANCE OF POLITICAL PARTIES AND CANDIDATES I. General Conduct 1. No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. 2. Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided. 3. There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda. 4. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided. 3. There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda. 4. All parties and candidates shall avoid scrupulously all activities which are "corrupt practices" and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station. 5. The right of every individual for peaceful and undisturbed home-life shall be respected, however much the political parties or candidates may resent his political opinions or activities. Organizing demonstrations or picketing before the houses of individuals by way of protesting against their opinions or activities shall not be resorted to under any circumstances. 6. No political party or candidate shall permit its or his followers to make use of any individual's land, building, compound wall etc., without his permission for erecting flag-staffs, suspending banners, pasting notices, writing slogans etc. 7. Political parties and candidates shall ensure that their supporters do not create obstructions in or break up meetings and processions organized by other parties. Workers or sympathisers of one political party shall not create disturbances at public meetings organized by another political party by putting questions orally or in writing or by distributing leaflets of their own party. Processions shall not be taken out by one party along places at which meetings are held by another party. Posters issued by one party shall not be removed by workers of another party. II. Meetings 1. The party or candidate shall inform the local police authorities of the venue and time any proposed meeting Well in time so as to enable the police to make necessary arrangements for controlling traffic and maintaining peace and order. 2. A Party or candidate shall ascertain in advance if there is any restrictive or prohibitory order in force in the place proposed for the meeting if such orders exist, they shall be followed strictly. If any exemption is required from such orders, it shall be applied for and obtained well in time. 3. 2. A Party or candidate shall ascertain in advance if there is any restrictive or prohibitory order in force in the place proposed for the meeting if such orders exist, they shall be followed strictly. If any exemption is required from such orders, it shall be applied for and obtained well in time. 3. If permission or license is to be obtained for the use of loudspeakers or any other facility in connection with any proposed meeting, the party or candidate shall apply to the authority concerned well in advance and obtain such permission or license. 4. Organizers of a meeting shall invariably seek the assistance of the police on duty for dealing with persons disturbing a meeting or otherwise attempting to create disorder. Organizers themselves shall not take action against such persons. III. Procession 1. A Party or candidate organizing a procession shall decide before hand the time and place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate. There shall ordinary be no deviation from the programme. 2. The organizers shall give advance intimation to the local police authorities of the programme so as to enable the letter to make necessary arrangement. 3. The organizers shall ascertain if any restrictive orders are in force in the localities through which the procession has to pass, and shall comply with the restrictions unless exempted specially by the competent authority. Any traffic regulations or restrictions shall also be carefully adhered to. 4. The organizers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. If the procession is very long, it shall be organized in segments of suitable lengths, so that at convenient intervals, especially at points where the procession has to pass road junctions, the passage of held up traffic could be allowed by stages thus avoiding heavy traffic congestion. 5. Processions shall be so regulated as to keep as much to the right of the road as possible and the direction and advice of the police on duty shall be strictly complied with. 6. 5. Processions shall be so regulated as to keep as much to the right of the road as possible and the direction and advice of the police on duty shall be strictly complied with. 6. If two or more political parties or candidates propose to take processions over the same route or parts thereof at about the same time, the organizers shall establish contact well in advance and decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic. The assistance of the local police shall be availed of for arriving at a satisfactory arrangement. For this purpose the parties shall contact the police at the earliest opportunity. 7. The political parties or candidates shall exercise control to the maximum extent possible in the matter of processionists carrying articles which may be put to misuse by undesirable elements especially in moments of excitement. 8. The carrying of effigies purporting to represent member of other political parties or their leaders, burning such effigies in public and such other forms demonstration shall not be countenanced by any political party or candidate. IV. Polling Day All Political parties and candidates shall - 1. co-operate with the officers on election duty to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstruction. 2. supply to their authorized workers suitable badges or identity cards. 3. agree that the identity slip supplied by them to voters hall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party; 4. refrain from serving or distributing liquor on polling day and during the forty eight hours preceding it. 5. not allow unnecessary crowd to be collected near the camps set up by the political parties and candidates near the polling booths so as to avoid Confrontation and tension among workers and sympathizers of the parties and the candidate. 6. ensure that the candidate's camps shall be simple .They shall not display any posters, flags, symbols or any other propaganda material. No eatable shall be served or crowd allowed at the camps and 7. 6. ensure that the candidate's camps shall be simple .They shall not display any posters, flags, symbols or any other propaganda material. No eatable shall be served or crowd allowed at the camps and 7. co-operate with the authorities in complying with the restrictions to be imposed on the plying of vehicles on the polling day and obtain permits for them which should be displayed prominently on those vehicles. V. Polling Booth The Election Commission is appointing Observers. If the candidates or their agents have any specific complaint or problem regarding the conduct of elections they may bring the same to the notice of the Observer. VII. Party in Power The party in power whether at the Centre or in the State or States concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular - 1. (a) The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work. (b) Government transport including official air-crafts, vehicles, machinery and personnel shall not be used for furtherance of the interest of the party in power; 2. Public places such as maidens etc., for holding election meetings, and use of helipads for air-flights in connection with elections shall not be monopolized by itself. Other parties and candidates shall be allowed the use of such places and facilities on the same terms and conditions on which they are used by the party in power; 3. Rest houses, dak bungalows or other Government accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda; 4. Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided. 5. Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided. 5. Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission; and 6. From the time elections are announced by Commission, Ministers and other authorities shall not - (a) announce any financial grants in any form or promises thereof; or (b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or (c) make any promise of construction of roads, provision of drinking water facilities etc.; or (d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favor of the party in power. Note : The Commission shall announce the date of any election which shall be a date ordinarily not more than three weeks prior to the date on which the notification is likely to be issued in respect of such elections. 7. Ministers of Central or State Government shall not enter any polling station or place of counting except in their capacity as a candidate or voter or authorized agent. VIII. Guidelines on Election Manifestos 1. The Supreme Court in its judgment dated 5th July 2013 in SLP(C) No. 21455 of 2008 ( S. Subramaniam Balaji vs. Govt. of Tamil Nadu and Others) has directed the Election Commission to frame guidelines with regard to the contents of election manifestos in consultation with all the recognized political parties. The guiding principles which will lead to framing of such guidelines are quoted below from the judgment:- (i) "Although, the law is obvious that the promises in the election manifesto cannot be construed as 'corrupt practice' under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree". It shakes the root of free and fair elections to a large degree". (ii) "The Election Commission, in order to ensure level playing field between the contesting parties and candidates in elections and also in order to see that the purity of the election process does not get vitiated, as in past been issuing instructions under the Model Code of Conduct. The fountainhead of the powers under which the Commission issues these orders is Article 324 of the Constitution which mandates the Commission to hold free and fair elections." (iii) "We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process". 2. Upon receiving the above directions of the Hon'ble Supreme Court, the Election Commission held a meeting with the recognized National and State Political Parties for consultation with them in the matter and took note of their conflicting views in the matter. During consultations, while some political parties supported the issuance of such guidelines, others were of the view that it is their right and duty towards voters to make such offers and promises in manifestos in a healthy democratic polity. While the Commission agrees in principle with the point of view that framing of manifestos is the right of the political parties, it cannot overlook the undesirable impact of some of the promises and offers on the conduct of free and fair elections and maintaining level playing field for all political parties and candidates. 3. The Constitution under Article 324 mandates the Election Commission, to conduct elections inter alia to the Parliament and the State Legislatures. 3. The Constitution under Article 324 mandates the Election Commission, to conduct elections inter alia to the Parliament and the State Legislatures. Having due regard to the above directions of the Supreme Court and after consultation with the Political Parties, the Commission, in the interest of free and fair elections, hereby directs that Political Parties and Candidates while releasing election manifestos for any election to the Parliament or State Legislatures, shall adhere to the following guidelines:- (i) The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code of Conduct. (ii) The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise. (iii) In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled. 4. Prohibitory period of Release of Manifesto during elections(s) (i) In case of single phase election, manifesto shall not be released during the prohibitory period, as prescribed under Section 126 of the Representation of the People Act, 1951. (ii) In case of multi-phase elections, manifesto shall not be released during the prohibitory periods, as prescribed under Section 126 of the Representation of the People Act, 1951, of all the phases of those elections." 16. It is further provided that in the event tender process cannot be completed within 10.05.2024, in that event, if ad hoc arrangement of daily settlement is made, the respondents, specifically the Commissioner & Secretary to the Govt. of Assam, Fishery Department shall, in respect of the present fishery in question, issue a guideline to be followed for having a daily settlement of the fishery in question. of Assam, Fishery Department shall, in respect of the present fishery in question, issue a guideline to be followed for having a daily settlement of the fishery in question. Thereafter, the respondent nos.1 and 2 shall also either have the Rule 12 of the Assam Fishery Rules, 1953 amended or to issue a guideline for the entire State of Assam in respect of all the fisheries covered by the Assam Fishery Rules, 1953. This observation is made because this system of daily basis settlement of fisheries are coming in the way of timely settlement of fisheries by tender and at the same time multiplying litigation in this Court. 17. If for any compelling reasons, daily settlement has to be extended beyond 10.05.2024, the process of putting the tender on daily basis shall be notified in the Dhubri district so as enable all the fishery co-operative societies in the said area to participate in the process. 18. In the event the tendering process is not initiated or cannot be brought to its logical conclusion within 1 (one) month from 10.05.2024, on and from 10.06.2024, there would be no daily settlement and the fishing activity in the present fishery on ad hoc basis should come to an end and the present fishery shall not be operated except as provided under Rule 12 of the Assam Fishery Rules, 1953. 19. It is made clear that as the Court does not find the Model Code of Conduct to come in the way of issuance of tender, the respondent authorities may go ahead with the issuance of tender. However, the same shall not be finalized till 10.05.2024. 20. Affidavit-in-opposition, if any, be filed at least 2 (two) days prior to the next date of listing. 21. The observations and directions contained in this order is interim in nature which shall not influence the final decision. 22. The parties are given liberty to apply for modification of this order, if any difficulty arises in implementing the order. 23. List on 13.05.2024.