Financial Daily from THE HINDU group of publications
Wednesday, Apr 19, 2006
Financial Daily from THE HINDU group of publications Wednesday, Apr 19, 2006 |
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Info-Tech
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Infrastructure Government - Politics Industry & Economy - Courts/Legal Issues States - Kerala Kerala HC quashes poll panel fiat on Smart City K.C. Gopakumar
All for Smart City Court said it was not a financial grant in any form or promise to the people Smart city project was a development project envisaged more than a year ago prior to the declaration of elections Normal Government functions should go on Delay would vitally affect project and cause irreparable loss to the State
Kochi , April 18 The Kerala High Court on Tuesday quashed the Election Commission's directive to the State Government to defer the signing of the agreement for establishing the smart city project in Kochi until the Assembly elections were over. Mr Justice S. Siri Jagan passed the judgment while allowing a writ petition filed by the Intelligent Decisions Systems (India) Ltd, a software firm functioning at the Infopark in Kochi. The judge observed that the declaration of election schedule and model code of conduct could not stand in the way of signing of the agreement with the Dubai Technology and Media Free Zone Authority (TECOM), which was approved by the Cabinet in the forenoon of March 1.
Not a financial grant
The court said that it did not think that by signing the agreement, the party-in-power was announcing any financial grant in any form or promise to the people. On the other hand, what had been promised in the agreement was the granting of facilities for the Dubai Technology and Media Free Zone Authority for establishing the project with a reciprocal promise of providing job opportunities in the smart city. Therefore, it could not be regarded as a financial grant in any form. The court also said it was not satisfied that the smart city project was envisaged by the Government for the purpose of influencing the electorate. The court pointed out that the fact suggested that it was a development project envisaged more than a year ago prior to the declaration of the elections. There was nothing in the agreement to indicate that the same was a tempting offer to woo the electorates on the eve of the elections so as to give an unfair advantage to a political party in the elections.
Govt work must go on
The court observed that the objective of the model code of conduct was not to stop all Government activities in the State pending elections. Notwithstanding the declaration of the elections, normal government functions should go on. The model code of conduct would come into play only when the party in power announced any promise to the people. The court further observed that simply because a normal Government function would result in the some benefits to the public at large, that would not come within the ambit of model code of conduct. The court was of the view that the Election Commission should examine all aspects before coming to a conclusion on the actions of the Government. If the Election Commission ordered deferment of the Government functions, that would affect the interest of the State because in certain matters, delay would vitally affect project and cause irreparable loss to the State Government. The court said that the government would be free to take further steps in pursuance to the decision taken in the Cabinet on March 1 for taking it to the logical conclusion.
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