The Gorkhaland Territorial Administration (GTA) elections, which many believe determines the politics of power in Darjeeling, does not have “a detailed and separate” model code of conduct (MCC) guidelines unlike other elections.

The model code of conduct is an important component for free and fair elections and the Election Commission of India and the state election commission come up with guidelines for various elections.

The GTA elections do not come under the purview of the election commission and are conducted by the home and hill affairs department that appoints an election authority to conduct the same.

The MCC issue has come under the spotlight as Bulu Chik Baraik, state tribal development department minister, had called on Bimal Gurung who was on “an indefinite hunger strike” last Saturday and stated that the state government would not be able to agree to Gurung’s demands at this moment because of model code restrictions.

Also, the Bharatiya Gorkha Prajatantrik Morcha has alleged that Hamro Party, which is governing Darjeeling municipality, is making announcements or promises that violate MCC guidelines.

A senior state official admitted that “detailed and separate” model code of conduct guidelines were not available for GTA elections.

“There are election rules but no detailed separate MCC guidelines. However, we are following basic parameters of the MCC that apply in other elections,” said a senior official.

Elections to the GTA are guided by the Gorkhaland Territorial Administration (Elections) Rules, 2012 that was notified on March 15, 2012.

The rules which run into 72 pages and contain 135 sections in 15 parts do cover many MCC guidelines of other elections such as the 48-hour bar in campaigning before election day or mandatory mention of the publisher’s name in publicity materials and certain law-and-order restrictions.

However, guidelines for the party in power such as bar on elected members from summoning election officers or bar on various things such as making government payments and using government properties by elected representatives, are not covered under the GTA election rules.

There is a sweeping mention in the GTA rule book that the government can issue a notification or order or general instruction as it may deem necessary to ensure that there is no electoral offence so as to ensure free and fair elections.