Here, the petitioner was 43-year-old Deepak Ghoghra. He is now contesting the election from the Dungarpur constituency on a Bharatiya Tribal Party (BTP) ticket. He is the son of BTP state president Velaram Ghoghra, news agency PTI reported.
The case has drawn attention to the question — Is a government employee allowed to contest polls?
The answer is No.
No state or central government employee is allowed to contest any election or participate in any political activities.
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As per a government press release published in 2019, the Central Civil Services (Conduct) Rules, 1964, prohibits “Central Government civilian employees” employees from contesting elections to “any Legislative or Local Authority”.
The Central Civil Services (Conduct) Rules, 1964, states: “No government servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in an election to any legislature or local authority”.
It also clarifies that no government servant “shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in…or assist in any other matter, any political movement or activity”.
Similarly, there is a similar rule for the employees and officers of state governments, Aajtak reported.
Then how can a govt employee run for the polls?
In order to contest elections, government employees must resign or retire from their duty. They can’t contest elections while holding the post. Their resignation must be valid as per the Central Civil Services (Pension) Rules.
What happens after contesting polls?
If the person wins the election, he/she will remain relieved from the duty.
However, if the person loses, it is up to the government and high courts if they want to reinstate that person on the duty he/she was relieved from.
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In Deepak’s case, the Rajasthan High Court permitted him to “join back on the post of medical officer” in case he loses elections.
In an order on October 20, the high court had said, “…the respondent may kindly be further directed that if the petitioner loses in election, the petitioner would be permitted to join back on the post of medical officer as accordingly,” the order stated.
However, this is not the situation in every case.
In 1996, the chief secretary to the government of Haryana issued a notice, announcing that “will not enjoy continuity of service from their previous employment”.
The government order had said that the employees, who leave the government service to take part in elections, would not be reappointed to their original service thereafter. The order, however, said the “person can apply for the government job as an ordinary citizen”.
In an another case from 2016, “non-acceptance” of the resignation of 3-year-old employee of a government high school had come in the way of him contesting the Karnataka polls, the Hindu had reported.
The assembly elections in Rajasthan, Telangana, Madhya Pradesh are yet to happen later this year. The Mizoram Election 2023 and the first phase of the Chhattisgarh Election 2023 were held on November 7. The voting for the second phase of the Chhattisgarh polls will be held on November 17. In Rajasthan, the elections will be held on November 25. The polls in Telangana will be held on November 30 and in Madhya Pradesh, it will be held on November 17 .
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Updated: 10 Nov 2023, 10:55 PM IST