Election Commission's prior nod must for Goa mines dept to execute lease deed: Poll authorities

Panaji: Goa poll authorities have said it was binding on the state mines department to obtain prior permission of the Election Commission of India (ECI) to execute a lease deed during the period of the model code of conduct (MCC).

State Additional Chief Electoral Officer Sunil Masurkar said this in a letter written to the ECI on Wednesday after an NGO complained that the Goa government and Vedanta Limited signed a lease deed on March 22 for the commencement of mining operations.

This amounted to violation of the MCC, the Goa Foundation (NGO) claimed.

The MCC came into effect on March 16 with the announcement of the Lok Sabha polls.

Masurkar on Wednesday wrote to the ECI's principal secretary, claiming the reply filed by the state Directorate of Mines and Geology is 'not satisfactory.'

"The reply filed by the Directorate of Mines and Geology is examined by this office and the same is found not satisfactory," the letter said.

"It is observed that the mining lease deed executed by the Department though may amount to be part of the same contractual commitment, however, it is an independent agreement and since it was executed during the Model Code of Conduct period, it was binding on the part of the department to obtain prior permission of Election Commission of India, and hence contravenes 21 (f) of the guidelines," Masurkar said in the letter.

Though there is no transfer of ownership, 'there is an allocation of land by way of lease to enjoy certain rights over the land which contravenes 21 (e) of the guidelines,' he said.

The NGO in its complaint claimed the Goa government and Vedanta Limited signed the lease deed in connection with the Bicholim Mining Block 1 on March 22, after the enforcement of the MCC.