Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in.
High time the courts step in to get Model Code of Conduct streamlined
Q.As this paper rightly pointed out, from providing solatium to victims of road accidents, purchase of electric transformers and opening of thaneer panthal, everything is delayed due to the model code of conduct. That too for some 45 days even after the elections are over. The government cannot exert pressure on the officials as they come under the direct control of the ECI. Political parties too are not chipping in for the public to beat the heat as they are not supposed to take mileage out of it. Why should the election process in other states paralyse government administration here? Where are the residents then supposed to lodge their grievances?
— Sriram Rajamani, Chengalpattu
A.Model Code of Conduct (MCC) evolved and enforced by The Election Commission of India (ECI) at times works contrary to the purpose for which it was evolved. However, the courts do not interfere in its enforcement on the grounds of free and fair elections. Elections in northeastern states can hardly have any impact on the southeastern states. The ECI having announced a seven-stage election spread over 45 days has made the situation worse. Even normal decisions could not be implemented. It is high time the courts step in and streamline it.
CMRL may have its own reasoning for negotiable and non-negotiable curves
Q.I am prompted to write this after reading CMRL’s recent statement that the upcoming Phase 2 Corridor 3 from Madhavaram Milk Colony to SIPCOT will have 300 massive curves. When Madhavaram residents fought the CMRL weeding off the all-important Thapalpetti station from its DPR, its explanation in court was there was a curve and hence ‘technically not feasible’. The curve was created after they changed their initial DPR (probably due to external pressures) thereby depriving a Metro station at a prime location. However, the HC verdict was not favourable for residents. Now CMRL proudly states the section has 300 curves. What makes these 300 curves ‘technically feasible’? Will the court now introspect and ask CMRL what has changed now?
— Paul Raj, Madhavaram
A.However logical you may argue Thapalpetti will not get a metro station. Curves, which the CMRL mentions, are not the ones having uniform size or shape. There may be curves which are negotiable and some that are not. It was for technical people to decide. Certainly, this columnist is not a competent person to decide.
