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8/19/2019 Administrative Decisions Cannot Be Stopped Because of Poll Code_ Bombay High Court
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Tags: state government | rights | Patil | nominee | Mridula Bhatkar | mean | Lok Sabha | Judicial Event |Insurability | Farooq Motorwala | Election Commission | Commission | Bombay high court |Assistant public prosecutor
Administrative decisions cannot bestopped because of poll code:Bombay High CourtPTI Mar 24, 2014, 07.23PM IST
MUMBAI: Administrative decisions of the state governmentcannot come to a standstill because of election code of
conduct, the Bombay High Court today said.
The remark was made by a division bench of Justices N HPatil and Mridula Bhatkar while hearing a petition filed byFarooq Motorwala , convict in the 1993 serial t rain blastscase, challenging refusal of the Minister of State for Homeand Prisons to pass an order in his parole extension plea onthe ground of code of conduct.
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"Motorwala, w ho was sentenced to life imprisonment, was released on parole in February this year. OnMarch 6, he applied for extension of parole. However, when no order was passed till March 18, M otorwalamade enquiry with the concerned ministry and was informed that no order s on parole applications or onextension applications would be passed until the Lok Sabha elections as the Code of Conduct is inprogress," Motorw ala's advocate N N Gavankar said.
Irked with this response of the state government, Justice Patil said, "Code of Conduct does not mean thatthe government will not take any administrative decisions. Normal and routine functions of the governmentcannot come to a standstill and be suspended. Has the Election Commission passed any rule that parole or extension applications cannot be decided during code of conduct?"
The court further observed that the rights of prisoners cannot be affected. "Does this mean that the
government will not arres t anyone during code of conduct," the court remarked.
The bench directed assistant public prosecutor K V Saste to t ake instructions and posted the pe tition for hearing tomorrow.
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ministrative decisions cannot be stopped because of poll code: Bomb... http://articles.economictimes.indiatimes.com/2014-03-24/news/48524...
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24 Mar, 2014 08:32 PMNatarajan D (Chennai)
good decision by the court. many decision are pending because of poll. only populist announcement should becurbed, that too for a limited period
Travel Boom & Tourism Bo ost
Rain & snow bring windfall forhospitality sectorHospitality sector is gaining from the extended
skiing season at Gulmarg and tourists and honeymooners elsewhere in the state.
Travel boom in Varanasi & Lucknow onaccount of electionsHong Kong visitors top spenders on hotelrooms in India
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ministrative decisions cannot be stopped because of poll code: Bomb... http://articles.economictimes.indiatimes.com/2014-03-24/news/48524...
2 4/1/2014 9:38 PM