Praveen Singh vs Election Commission Of India & Others

Heard on the question of admission.

The grievance of the petitioner is that on 27.3.2019 he visited the Office of one of the Nodal Officer (Chitaranshu Tripathi) and found a photograph

of the State Cabinet Minister mount ed on his Chamber wall. From the photograph filed along with the writ petition shows that it is not the portrait of

Minister alone but it is a photograph of some function in which the Minister was present. This violation calls for appropriate action in view of the

provision contained in clause No.9.3 of the Model Code of Conduct which reads as under: -

Display of Photo/Message in Government Buildings.

“The Election Commission has also instructed that during Model Code period photographs of Prime Minister, Chief Minsters, ministers and other

political functionaries many of whom are still active in public life and may be contesting elections should not be displayed in government

buildings/premises as that would have the effect of disturbing the level playing field vis -a-vis the political functionaries of other parties and

candidates.â€​

3 . Since, no action was taken by the District Returning Officer, hence this PIL for taking action on the flagrant misuse of the Model Code of C

onduct.

Considering the fact that petitioner raised grievance relating to local matter, therefore, we directed the Government Advocate to ascertain the facts

and seek instructions . In compliance, learned Government Advocate produced for our perusal the D.O. of the Collector dated 5.4.2019 which is

reproduced here in below for ready reference: -

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5.  In this view of the matter, no further action is called for, and the writ petition is rendered purely academic.

In view of the foregoing, we are of the view that the nothing survives in the petition for adjudication in exercise of

our extraordinary jurisdiction. The Petition fails and is hereby dismissed.

Ordered accordingly.