Model code of conduct: Dissenting opinions won’t be part of orders, says Election Commission

6 min read
  1. The Election Commission has overruled one of the Election Commissioner demands for making a member’s dissent on model code of conduct(MCC) violation cases public.
  2. EC by majority has held that MCC matters were not quasi-judicial proceedings and hence did not require dissent or minority views to be conveyed as part of the final order.
  3. Recently,one of the Election Commissioner has dissented with the opinion of other Election Commissioners in five different matters pertaining to alleged violations of the MCC.
  4. The Election Commissioner has also recused himself from all meetings on MCC violations in protest over inaction on his suggestion seeking quick disposal of MCC complaints and his minority decisions going unrecorded in the EC’s final orders.
  5. Section 10 (Disposal of business by Election Commission) of The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act,1991 lays down that all business of the Commission shall as far as possible be transacted unanimously.
  6. However,If the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) differ in opinion on any matter,such matter shall be decided according to the opinion of the majority.
  7. Model code of Conduct(MCC) are the guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections.

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