Though the EC has not given any indication as to what its final stance will be on the issue -- based on a public interest litigation challenging the telecom package, the matter will appear before the Delhi High Court tommorrow, August 3 -- the wording of the EC release suggests it may just ask the government to keep the package in abeyance. In a related development, the Congress party today asked the EC to hold the package in abeyance without waiting for the court's ruling since it was violative of the electoral code.

`The Commission is deeply concerned on the implications of changes in policies during the period when the country is in the election mode and is aware of the fact that there are possibilities of such changes vitiating the level playing field inthe electoral arena', the EC statement said, suggesting which way the commission may finally rule.

Interestingly, the EC may even have got carried away, and has given gratuitous advice to the High Court on how to conduct its investigations. The EC's release says it `hopes that all aspects of the case will be taken into account' and `not only the matter relating to the financial aspects ... but the urgency of the matters, in the context of imminent general elections in the country will be fully gone into.' The EC said that it did not wish to make any other comment on the matter at this stage since the case was also pending before the High Court.

Though visibly exercised over the EC's frontal attack, the government chose to give a muted though factual reply. A government release said that the government had co-operated fully with the EC, and had given it a reply with full details of the new package within a day of the EC's letter to the Cabinet Secretary. Yet, instead of asking the government for moredetails, even though the reply itself very detailed, the EC chose not to get back to the government for more details. Instead, it issued a press release which created `an impression that the government is not inclined to assist the Commission adequately. ... The Government on its own, could not have presumed what further material is required by the Commission on the subject.'

The government's release adds that `it is a matter of deep concern that on the eve of the hearing, a press note has been issued by the Election Commission containing gratuitous advice to the Hon'ble High Court to look into certain aspects of the matter during the course of its hearing.'

Reacting to the day's developments, Prime minister Atal Behari Vajpayee said the matter was sub-judice and the government will fully represent its case before the court. He regretted that the matter was being "politicised" and said yeh durbhagyapoorna hai (This is unfortunate)".

Reacting to the EC statement, Congress spokesperson Kapil Sibalsaid the Commission was well within its powers to act since the governmental action in the telcom issue was violative of the model code conduct which came into force on July 11. He said though the concessions were announced on July 6, five days before the code came into operation, the letters of offer were open till July 28.