You are the District Election Officer (the DM) in a constituency holding a Lok Sabha by-election. The Election Commission has issued the Model Code of Conduct. The local ruling-party MP, who is contesting again, requests urgent release of ₹47 crore from the District Mineral Foundation for ‘pre-monsoon repair’ of school roofs. Technically, MCC permits ongoing-scheme expenditure. The CEO of DMFT says the file is procedurally clean. The Returning Officer is uneasy because pamphlets advertising the repair list have appeared bearing the MP’s photograph. What course of action would you take? Justify with the values involved.
Subtopic: Section B · Case Study · Pressure from political bosses — DMFT release during MCC
Show model answer outline
1. Dilemma: legitimate scheme expenditure vs MCC and level-playing-field for opposition.
2. Stakeholders: school children (need), ECI (oversight), other candidates (fairness), MP (incumbent), CEO-DMFT.
3. Options: (a) release funds as cleared — risks MCC breach; (b) refuse outright — denies genuine need; (c) defer the release until polling day, seek ECI's prior written clearance under MCC paragraph VII, instruct removal of pamphlets, refer to police if violation continues — hard right.
4. Decision: Option (c) — defer with written reasons; reference RP Act 1951 Section 123 (corrupt practices); file MCC violation report with the CEO/ECI.
5. Safeguard: document the pamphlet evidence; communicate decision to the MP in writing copy ECI; preserve note-sheet; remain available for ECI direction.
- Model Code of Conduct, Election Commission of India — Part VII on party in power
- RP Act 1951 Section 123 — corrupt practices
- Mines and Minerals (DRTM) Act 2015 + DMFT rules — beneficiary primacy
- ECI 1968 Symbols Order — level playing field
- Section 4 RTI 2005 — proactive disclosure
- S. Subramaniam Balaji 2013 — boundary of welfare vs freebie