A petition has been filed before the High Court of Jammu and Kashmir and Ladakh challenging a rule that prohibits government servants in Jammu and Kashmir from participating in electoral politics [Zahoor Ahmad Bhat V/s Election Commission of India].
The rule in focus is Rule 14 of the Jammu and Kashmir Employees (Conduct) Rules, 1971, which provides that no government employee shall take part in politics or subscribe in aid of any political party or assist in any way any political movement in the State, reported Bar and Bench.
A senior lecturer of political science who is part of the government’s school education department in Kashmir, Zahoor Ahmad Bhat, has argued that this rule is unconstitutional, violates democratic principles and also conflicts with the Representation of Peoples Act, 1951.
A Division Bench of Justices Atul Sreedharan and Mohammad Yousuf Wani on Tuesday (September 3) admitted the petition and listed the case for hearing next on October 21.
Zahoor Ahmad Bhat had approached the High Court for relief after the Commissioner/Secretary of the school education department declined to grant sanction for 40 days of earned leave.
The said leave was sought by Bhat so that he could contest the upcoming legislative assembly elections in Jammu and Kashmir.
Bhat was informed that his leave request was not considered in view of Rule 14 (1) of Jammu and Kashmir Employees (Conduct) Rules, 1971.
Aggrieved, he has now challenged the validity of Rule 14 (1) itself.
Advocate Shafqat Nazir appeared for Bhat before the High Court and argued that the Constitution of India does not allow any such bar on the participation of government servants in electoral politics.
He added that there is no such provision restricting the entry of government employees to legislative assemblies in the Representation of Peoples Act either.
The plea asserts that Rule 14 (1) of the Jammu and Kashmir Government Employees (Conduct) Rules violates Articles 13 (laws violating fundamental rights not permitted), 14 (right to equality) and 21 (right to life and personal liberty) of the Constitution of India.
“It is the fundamental right of the petitioner not only to participate in the electoral politics by casting his vote but also to contest against a seat in the legislative assembly. It sans logic that a government servant is well within his rights to participate in the electoral politics by exercising his right to vote, however at the same time he is precluded from taking part in the electoral politics by standing as a candidate for legislative assembly. The petitioner, therefore, submits that Rule 14 (1) is in direct conflict with the Constitutional provisions and is for that reason, ultravires the Constitution of India,” the petition said.
Apart from seeking that Rule 14 be struck down as unconstitutional, Bhat has also prayed that the Court direct the concerned authorities to sanction his leave so that he may contest in the upcoming assembly elections.
