1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3562 OF 2010 Shri Ashok Barku Vaity & Ors. ...Petitioners Versus The Election Commissioner of India & Ors. ...Respondents ...... Mr.S.M.Oak i/b Mr.Sagar Joshi for Petitioners. Ms.M.Manoharan i/b Mr.Pradeep Rajagopal for Respondent No.1. ...... CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ. DATED:- MAY 6, 2010. P.C. 1. The Petitioners are challenging the Model Code of Conduct as provided under instructions dated 24th February 2010 issued by the Respondent No.1 regarding election to Legislative Council from council constituency to the extent it provides for prior permission of the District Election Officer of the District concerned for usage of official vehicles for holding routine meetings of the Local Bodies. 2 2. The Secretary of the Election Commission of India vide communication cum instructions dated 20th April 2010 has indicated the scope of the restrictions for usage of official vehicles. Amongst others, it provides that if the vehicle is required for facilitating some statutory meetings of Municipal Corporations, Municipal Councils, Zilla Committees, etc. which are unavoidable or for official travel or travel to and from office to residence. That is permitted. The Petitioners will have to abide by the said regime during the operation of the Model Code of Conduct. The fact that the Petitioners and similarly placed persons are required to take prior permission does not infringe any right of the Petitioners as the restrictions are reasonable and necessary in the context of conduct of free and fair elections. 3. In the circumstances, we see no merit in this Petition, more particularly, because our attention has been invited to three different orders issued by the Collector permitting usage of official vehicle with respect to conduct of statutory meeting. If the Petitioners were to make such application, the Collector being the appropriate Authority, will decide the said application in accordance with law. We hope and trust that if such application is made, the Collector shall process the same with promptitude 3 and take final decision thereon within two working days from the date of presentation. 4. Petition disposed of on the above terms. (R.M.SAVANT, J.) (A.M.KHANWILKAR, J.)