PANAJI
Speaker Ganesh Gaonkar on Monday asserted that the Election Commission of India cannot dictate terms to the Goa Legislative Assembly, as confusion arose over the continuation of the ongoing Budget Session following the enforcement of the Model Code of Conduct (MCC) for the by-election to the Ponda constituency.
“ECI cannot dictate terms to the House,” Speaker said.
However, Chief Minister Pramod Sawant said the government would take a decision by the afternoon after consulting the Advocate General and the Chief Secretary, adding that if the MCC provisions are strictly interpreted, the government may not be able to pass bills or provide budget-related assurances in the House.
The issue was raised in the House by Goa Forward Party MLA Vijai Sardesai, who drew attention to the enforcement of the MCC in the Ponda constituency and the wider South Goa district after a letter from the Election Commission of India to the Chief Secretary directing that the code be enforced.
Sardesai said that while the legislature is supreme in a constitutional democracy, allowing ministers to make announcements during the Assembly proceedings while the MCC is in force could disturb the level playing field and affect electoral fairness.
“If ministers are allowed to merrily make announcements using the Assembly session platform, it unsettles the level playing field, vitiates the MCC and causes grave miscarriage of electoral justice, more so to the Opposition,” Sardesai said.
He pointed out that discussions on the Demands for Grants of various government departments scheduled during the session, as well as replies to Legislative Assembly Questions (LAQs), often involve financial implications. In such a situation, Sardesai argued, every statement made by the Chief Minister and the Council of Ministers could potentially violate the MCC.
Sardesai urged Speaker Ganesh Gaonkar to restrain ministers from making assurances or announcements that could be construed as influencing voters during the enforcement of the code.
Responding to the issue, Minister Digambar Kamat maintained that the Assembly is supreme and stressed that the state Budget must be passed before March 31. He said the House would have to explore options, including examining how similar situations had been handled in other states in the past.
The Model Code of Conduct came into force after the Election Commission of India announced the by-election to the Ponda constituency. Polling is scheduled for April 9, while counting will take place on May 4.
The Budget Session of the Goa Legislative Assembly is scheduled to conclude on March 27.
