TUESDAY, APRIL 30, 2024
Team Herald
PANJIM: In an important development Goa's Chief Electoral Officer (CEO), has referred NGO Goa Foundation's complaint on signing of Vedanta lease deed after commencement of Model Code of Conduct.
The Goa Foundation had filed a two-page complaint on April 5, 2024, with the CEO alleging that the Goa government had signed a lease agreement with Vedanta Ltd for commencement of mining operations on its lease at Bicholim, three days after the Model Code of Conduct for Lok Sabha polls had come into force.
The CEO took up the complaint with the Director of Mines and Geology (DMG) but as the reply provided by the DMG was 'not satisfactory', the complaint has been referred to the Election Commission of India (ECI), New Delhi.
In its complaint, the Goa Foundation has stated that on March 22, 2024, the Government of Goa signed a lease agreement with Vedanta Ltd in connection with the Bicholim Mining Block-1 located at Bicholim.
The signing of the lease agreement has enabled Vedanta Ltd to commence its mining operations on the mining block. The signing of the agreement or MoU after the announcement of the Code of Conduct is per se a violation of the Election Code. Payment of stamp duty on the said transaction was received by the Goa government only on March 26, 2024, the Goa Foundation said.
It has pointed out that the signing of the lease agreement post announcement of the Model Code of Conduct violates the Code of Conduct since the agreement is now being used by the ruling party during the poll campaign to win votes by informing voters that mining has resumed in the State of Goa.
Acting upon the complaint, Assistant Chief Electoral Officer wrote to the Directorate of Mines and Geology asking it to submit a clarification as to how signing of lease deed after commencement of Model Code of Conduct does not violate para 21 (e) and 21 (f) of ECI instruction.
In its reply, the DMG Director Narayan M Gad submitted that signing of the lease deed with Vedanta Ltd was in continuation of the process of auction initiated on September 9, 2022, and had to be concluded by April 12, 2024. The Goa Council of Ministers in the cabinet meeting held on February 23, 2024, had resolved to sign the Mine Development and Production Agreement and the lease deed with Vedanta Ltd. The signing of the lease deed was authorised by the government on March 19, 2024. The signing of the lease deed was the statutory requirement.
However, not being satisfied with the reply of the DMG, the CEO office has written to Narendra N Butolia, Senior Principal Secretary, Election Commission of India, stating that Mining Lease Deed executed by the DMG though may amount to be part of the same contractual commitment, however it is an independent agreement and since it was executed during the MCC 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.
Further, the lease deed clearly speaks at para 2 (2.1) about grant of lease for conducting mining operations for a period of 50 years over a certain area of 478.5206 (Ha). It is to state that though there is no transfer of ownership, there is an allowance of land by way of lease to enjoy certain rights over the land which contravenes 21(e) of the guidelines.
