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July 17, 1999

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EC convenes meet on July 21 to discuss AP govt's objections

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The election commission has convened a high level meeting on July 21 to discuss the objections raised by the Andhra Pradesh government to the restrictions imposed by the commission on the implementation of certain welfare measures in view of the coming Lok Sabha and assembly polls in the state.

Both, the chief secretary and the chief electoral officer of the state, have been summoned to the meeting which will be held after Chief Election Commissioner M S Gill, Election Commissioners G V G Krishnamurty and J M Lyndoh return to New Delhi after official tours. After hearing the chief secretary and other senior officials and reviewing all aspects, the commission would issue further orders as deemed fit, official sources said.

Announcing this today, the commission said the Andhra Pradesh government had made a representation and furnished clarifying information regarding the order issued by the election commission on July 15 under the model code of conduct. The information submitted by the state government was being studied by the commission and some additional data have been sought.

Andhra Pradesh Chief Secretary V Ananda Rau has sent a communication to the election commission giving the "factual position" on the welfare schemes.

In a 15-page note, Rau explained the precise position on the schemes suspended by the election commission -- the LPG scheme (called Deepam), distribution of kits to artisans (Adarana) and the Janma Bhoomi. He asserted that they were policy decisions of the government which were taken long before the model code of conduct came into force. He also quoted extensively from the verdicts rendered by the Andhra high court in support of his argument.

The chief secretary said that "the commission's interpretation of Clause VII of the model code of conduct that implementation of the ongoing schemes strikes at the very root of the rationale of the code of conduct goes far beyond what was envisaged. Such interpretation would mean stopping of all beneficiary oriented programmes under implementation from the date of announcement of elections.''

He pointed out that the high court had refused to intervene in the distribution of cooking gas connections to poor rural women when a writ petition challenging the scheme came up recently.

In respect of Janma Bhoomi, Rau recalled that the issue had been considered by the election commission when byelections were being held in some constituencies in 1997. The commission then "clarified that implementation of the scheme may be carried out in the state as per the programme already drawn up. However, within the constituencies where the by-elections are being held, no ministers or MLAs may participate in any way in these functions."

Quoting from the Supreme Court judgement in Ghasiram versus Dali Singh case (1968), the commission had said: "it should be understood that the energy to do public good should be used not on the eve of the elections, but much earlier and that slight evidence may change the practice into corrupt practice.''

Referring to the Supreme Court verdict quoted by the election commission in support of its directive, the chief secretary pointed out that the apex court had dealt with an election petition concerning a particular minister who was accused of indulging in corrupt practices.

"The apex court judgement has no application to our case. It refers to distribution of discretionary grants. Distribution of grants should be distinct from implementation of ongoing schemes based on clearly defined criteria. Secondly, distinction should be made between individuals, parties and government. The Supreme Court decision refers to individuals. One can stretch it to cover parties. It certainly does not refer to government," Rau said.

Meanwhile, the beneficiaries selected for distribution of assets or assistance under various welfare schemes are resenting the election commission's directive to the state government to deny them these benefits till the elections are over, Chief Minister Chandrababu Naidu claimed.

Speaking to newsmen in Hyderabad this morning, Naidu said that "there are reports of adverse reaction" from the people to the sudden stopping of implementation of schemes such as cooking gas scheme, distribution of tool kits to backward class artisans and the Janma Bhoomi programme. "Women are particularly angry over this. The people have expressed resentment that the Congress played a negative role in complaining to the election commission about these schemes. The commission acted on the Congress's complaints," he said.

The chief minister pointed out that several centrally sponsored schemes such as prime minister's rozgar yojana, integrated rural development programme and Indira awaas yojana, involved giving financial assistance in cash or kind to individuals or groups of beneficiaries. He wondered whether the election commission had directed the government of India to freeze them too.

Many states, including Madhya Pradesh and Maharashtra, have recently introduced several programmes. The Congress government in Madhya Pradesh had announced free power supply to the farmers and the Shiv Sena-BJP government in Maharashtra had also introduced several schemes to benefit the people directly.

"Justice should be done to everyone and there cannot be any discrimination. It is not correct to single out Andhra Pradesh by putting a stop to the welfare schemes in the state," the chief minister said.

UNI; with additional reporting by Shireen

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