Observing that Governor Buta Singh had cleared long-pending files on the eve of announcement of the poll schedule, Commission sources said the ``officers have thus failed in proper discharge of their duties and functions to observe the model code in letter and spirit''.

The EC also wrote to the Bihar Chief Secretary that it was the duty of Bihar officers to have apprised the Governor of the model code having come into force before issuing notifications in pursuance of his orders on relevant files.

With regard to appointments to the State Minority Commission, the two-member team pointed out that the file was submitted to the Governor on May 28, and it was cleared by him on September 2. The appointment notification was issued on September 3 at 6.30 pm, and by then the model code was in force. Also, the file proposing appointments to the State Commission for Backward Classes was submitted to the Governor on July 15, and cleared by him on September 2.

The EC team also took note of the fact that two members of the Backward Classes Commission Ghulam Takir and Ram Karan were shown as having joined on the forenoon of September 3, whereas the appointment order was issued after 6.15 pm on September 3.

The Commission also observed that similar haste was shown in appointments made to the 15-Point Programme Implementation Commission, Bihar Public Service Commission and Bihar state Nagarik Parishad.

Acting on the report, the EC ordered status quo be maintained with regard to appointments on non-statutory bodies like the 15-Point Programme Implementation Committee and Bihar State Nagarik Parishad.

Now NBW against state Election Commissioner

PATNA: A court on Friday issued a non-bailable arrest warrant against Bihar Election Commissioner D P Maheswari in connection with the multi-crore bitumen scam. Maheswari was secretary of the Bihar Road Construction department when the scam surfaced.

The court also issued an arrest warrant against the then superintending engineer of the department, Janardan Sharma.