Election Commission can issue guidelines to ensure government funds are not brazenly used for election campaigns: Madras High Court

In expressing its inability to entertain a plea to restrain ministers drawing salaries out of public funds from campaigning during elections, the Madras High Court recently noted that a strict Election Commission can put some guidelines in place to ensure that government funds are not brazenly used for campaigning purposes (Ahimsa Socialist Party v. Chief Electoral Officer and ors)..A Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoothy was hearing a petition moved by the Ahimsa Socialist Party which sought a direction to stop ministers and opposition leaders from campaigning for party candidates as they drew salaries from public funds or because they were in a position to exert undue influence. ."A strict Election Commission can, nonetheless, put some guidelines in place, in addition to the existing guidelines indicated in the model code, at least to ensure that the government funds are not brazenly used for campaigning purposes as is usually being indulged in at present. The Election Commission has sufficient authority to put checks and balances in place that allow a Minister or the like to enjoy the status yet not spend official funds for campaigning or election purposes," read the order..The Court observed that in an ideal world, there should be a level-playing field where government functionaries do not use perks and benefits available during their term in office while campaigning for elections. .These exacting standards were met by many a politician but has gone out of fashion these days, the Court said. It added that there were other considerations that came into play in the modern world.."Thus, even though a Minister may be willing to shed his official bandobast to attend a rally merely as a politician, the very status of the Minister and the requirement to give him security cover may not permit the freedom that would be required for the purpose. This goes more so with higher officials like Chief Ministers and those holding cabinet positions at the Centre. To such extent, the petitioner's idealism may be slightly out of place", the Court pointed out..The Bench went on to observe that there is a deep-rooted malaise where one has to wear allegiance to a political leader.."However, the malaise is now deep-rooted. One has to wear allegiance to a political leader, if not on the sleeve at least visibly crying out of the pocket. And these are not only at election time but adopted as a perennial measure, almost as a talisman to ward off the evil eye," the order said..For whatever it is worth, the Court said that the Election Commission will deal with the petitioner's representation, if not for the upcoming elections, for the future elections..On these terms, the petition was disposed of. .Advocate T Sivagnanasambandan appeared for the petitioner. Advocate Niranjan Rajagopal appeared for the Election Commission authorities. .[Read Order]