Former UP BJP MLA trapped in violation of the code of conduct, know the full decision of the special court

The Special MP/MLA court has imposed a fine of Rs 1000 on former Bharatiya Janata Party MLA Umesh Malik after holding him guilty for violating the model code of conduct. Special Judge Mayank Jaiswal on Tuesday convicted Malik in the case.

Assistant Public Prosecutor Arvind Kumar said that former MLA Umesh Malik was accused of filing nomination papers for the Uttar Pradesh Assembly elections in January 2017 in violation of prohibitory orders. He had gone to file nomination with a group of his supporters. Former MLA’s lawyer Shyambir Singh told that Umesh Malik has deposited a fine of Rs 1,000.

The code applies during elections under Article 324 of the Constitution

The model code of conduct has been prepared with the consent of political parties. The Election Commission enforces it under Article 324 of the Constitution of India for the conduct of fair and peaceful elections. During this it is also ensured that the government machinery is not misused.

The Election Commission enforces the code of conduct from the date of announcement of the election schedule. It remains in force till the completion of the election process. This code is applicable throughout the country during Lok Sabha elections. This code applies to the entire state during elections to the Legislative Assembly. During the by-election, this code will be applicable only in the concerned constituency.

The Model Code of Conduct lays down how political parties, contesting candidates and the party(s) in power should behave during the election process. Election meetings, processions, polling day activities are conducted by it. The functioning of the ruling party during elections is also decided by this. If any political party or candidate violates the code, the Election Commission can take action against it. If the matter is big then it is handed over to the special court.