Panaji: St Andre MLA Viresh Borkar has written to the Election Commission of India (ECI), asking for clarity on whether the model code of conduct enforced for the Ponda assembly bypoll restricts the proceedings of the Goa legislative assembly.He has also asked whether the ECI issued any directions to state govt to curtail the budget session. He has called for a public disclosure of any communication between the ECI and Goa govt.In his letter addressed to the chief election commissioner, Borkar questioned the legality and constitutional validity of Goa govt’s decision to abruptly end the session on Monday, despite the budget session being scheduled to continue till March 27.“A Rs 30,194 crore state budget was passed without discussion on demands for grants, raising concerns over violation of constitutional provisions,” said Borkar.He said that the move to evict the opposition MLAs from the House during the passing of the budget casts further doubts on the legitimacy of the House proceedings.“I have also asked whether legislative discussions and assurances violate model code of conduct norms,” said Borkar. “The model code of conduct is not a law, but an executive guideline without statutory backing. The election commission’s powers under Article 324 do not extend to controlling or restricting a state legislature.”He said that the assembly has constitutional provisions and privileges that are protected, and thus govt’s claim that the Ponda bypoll necessitated that legislative functioning be halted sets a dangerous precedent.
