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
How to structure your answer
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.
Written within the word limit
243 words · target 250 words · 14 min
Dilemma: Legitimate ongoing-scheme expenditure for school-roof repair before the monsoon versus the Model Code of Conduct's level-playing-field requirement when pamphlets carry the contesting MP's photograph.
Stakeholders: School children awaiting roof repair; the contesting MP; other candidates entitled to equal contest; the Election Commission of India; the District Mineral Foundation Trust's CEO; the Returning Officer; the press; the wider electorate.
Options: (a) release the funds as cleared by the DMFT CEO — risks MCC breach, RP Act 1951 Section 123 corrupt-practice exposure, and election petition; (b) refuse the release outright — denies genuine pre-monsoon need to children; (c) defer the release until after polling day, seek ECI's prior written clearance under MCC Part VII (Party in Power), instruct removal of pamphlets bearing the MP's image, refer continuing violations to the police, and file an MCC violation report with the CEO/ECI — the hard right.
Decision: Option (c). Reasons — constitutional duty of free and fair elections (Article 324 fidelity); S. Subramaniam Balaji (2013) line on welfare-versus-electoral-influence boundary (impartiality, the Nolan principle); and equal treatment of all candidates under MCC (objectivity).
Safeguard: Photograph and archive the pamphlets with dated panchnamas; communicate the decision to the MP in writing copied to the ECI, the CEO and the State Chief Secretary; preserve the note-sheet reasoning; remain available round-the-clock for ECI direction; release roof-repair funds promptly after polling day with the same urgency; route a parallel tarpaulin-and-emergency-repair contingency through the District Disaster Response Force so genuinely vulnerable schools are not held hostage to the MCC.
What an examiner expects to see
- 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
Concrete cases, schemes and judgments
- ECI's pre-poll restrictions on Pradhan Mantri Awas release 2024
- Andhra Pradesh 2024 MCC controversies on welfare advertising
- Karnataka 2023 'guarantees' advertising case