Srinagar, Sep 9: A petition has been filed in the High Court of Jammu and Kashmir and Ladakh in Srinagar, challenging the rule that prohibits government servants in the Union Territory from engaging in electoral politics.
The petition, filed by Zahoor Ahmad Bhat, a senior lecturer in the School Education Department, challenges Rule 14 (1) of the J&K Government Employees (Conduct) Rules, 1971, which prohibits government servants from participating in electoral politics.
Bhat, who intends to contest the upcoming assembly elections in 2024 from two assembly constituencies, 30-Charar-i-Sharief and 22 Lal Chowk District Srinagar, has argued that the rule violates his democratic right to stand as a candidate in the elections without resigning from his post as a Senior Lecturer in Political Science.
The petition states that Bhat sought an earned leave of 40 days from August 25, 2024, to October 5, 2024, to contest the elections, but was verbally communicated that his application was not maintainable due to Rule 14 (1).
Bhat's petition, represented by Advocate Shafqat Nazir, argues that the rule is unconstitutional and violates democratic principles. He also argues that it is illogical to allow government servants to participate in electoral politics by casting their votes but not to contest elections.
“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 electoral politics by exercising his right to vote, however, at the same time he is precluded from taking part in electoral politics by standing as a candidate for Legislative Assembly,” Bhat said in the petition.
The petition has been admitted by a Division Bench of Justices Atul Sreedharan and Mohammad Yousuf Wani and listed for hearing on October 21, 2024.
During the hearing, Advocate General D C Raina argued that Rule 14 must be read in conjunction with Rule 13, which bars government employees from criticizing government policies publicly. However, the court found this provision irrelevant to Bhat's challenge of standing for election himself.
The petition further argues that the rule is inconsistent with the Representation of Peoples Act, 1951, and allows the participation of persons accused of involvement in heinous offences or antinational activities.
The court has issued notices to the respondents, including the Election Commission of India (ECI) and the J&K government, asking them to file their replies within four weeks.
The case has far-reaching implications for the political participation of government employees in the Union Territory.
