In a swift reaction to the EC's observations, the government said that it is regrettable that the EC suo moto thought it appropriate to issue a press note which implied that the Government is not inclined to assist the commission adequately.

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."

The developments come just a day before the Delhi high court is scheduled to resume its hearing on the public interest litigation filed by the Delhi Science Forum against the telecom pacjage.

In a terse statement earlier in the day, the EC said the telecom package could vitiate the level playing field in the electoral arena. It also criticised the Government for not giving it the "full picture" on the telecom controversy, but refrained from taking a "final view" as the Delhi high court is seized of the matter.

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.

The EC said many vital questions were left unaddressed in the Government's response to its directive seeking details and status on the bailout package announced on July 6. "The material provided (by Government) does not assist the commission adequately," it said.

On its part, the Government said that it had cooperated 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 more details, even though the reply itself was 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."

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 this is unfortunate.

Reacting to the EC statement, Congress spokesperson Kapil Sibal said the commission was well within its powers to act since the Government's action in the telecom issue was violative of the model code of 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.