Model Code of Conduct casts a shadow on construction of new OGH
The Hindu
Aspirations for OGH construction dashed due to Model Code of Conduct; Telangana govt filed affidavit in HC on July 27; Govt, HC, medical professionals, individuals eagerly awaited decision; ECI's Code prohibits ministers from making financial grants/promises; Govt may seek approval from ECI for GO; Govt official doubts possibility of any order during this period.
The aspirations for securing a Government Order (GO) this year to greenlight the construction of a new Osmania General Hospital (OGH) building have been dashed following the enforcement of the Model Code of Conduct on Monday.
This decision, eagerly anticipated not only by governmental bodies and medical professionals, but also by individuals who frequent the hospital daily, might be put on hold until completion of election. The Model Code of Conduct, slated to remain in effect until December 5, has added a layer of complexity to the ongoing OGH issue.
The Telangana government on July 27 had filed an affidavit in the Telangana High Court about its decision to demolish the OGH to build a new facility there. The PIL on the new building was filed in 2019 by the Healthcare Reforms Doctors Association (HRDA).
This year witnessed immense attention to the OGH issue, marked not just by protests from medical professionals, but also by the participation of the Governor. Minister for Finance, Health Medical and Family Welfare T. Harish Rao has consistently communicated to people that the issue is currently under the purview of the High Court. Assuring swift action, he said that once the High Court delivers its judgment, the government would promptly issue an order for the construction of the new hospital building.
However, Clause 6 of Part 7 of the Election Commission of India’s Model Code of Conduct stipulates that from the moment the Commission announces elections, Ministers and other authorities are prohibited from making announcements regarding financial grants or promises thereof, laying foundation stones, or undertaking any functions related to projects or schemes.
“In such cases, after the High Court delivers its verdict, the decision-maker is the Chief Election Officer of the State and not the Principal Secretary (Health). While approvals are typically granted in most situations, it may not be practical in this case. After the High Court announces its stand, the government, to issue orders, will also have to release a budget, and this might not be entirely feasible in the current scenario. The issue will now be a post-election agenda only,” said a member of the Indian Medical Association Telangana State.
Dr. K Mahesh Kumar, President of Healthcare Reforms Doctors Association (HRDA), explained that under special circumstances, the government can seek approval from the Election Commissioner, allowing for the issuance of a GO.
“We are judges and therefore, cannot act like Mughals of a bygone era ... the writ courts in the guise of doing justice cannot transcend the barriers of law,” the High Court of Karnataka observed while setting aside an order of a single judge, who in 2016 had extended the lease of a public premises allotted to a physically challenged person to 20 years contrary to 12-year period stipulated in the law.
The High Court of Karnataka on Monday declined to interfere, at present, in the investigation against a Bharatiya Janata Party worker, who is among the accused persons facing charges of circulating obscene clips, related to “morphed” images and videos clips related to Prajwal Revanna, former Hassan MP, in public domain through pen drives and other modes.
The 16th edition of Bhoomi Habba was held on June 8, at the Visthar campus. The festival drew a vibrant crowd who came together to celebrate eco-consciousness through a variety of engaging activities, creative workshops, panel discussions, interactive exhibits and performances, all centered around this year’s theme: “Save Water, Save Lives.”