Elections – role of Government servants and their rights

(5) Elections – role of Government servants and their rights

(1) Attention is invited to rule 5 of the Central Civil Services (Conduct) Rules which lays down that a Government servant should not canvass or otherwise interfere or use his influence in connection with, or take part in, any election to a legislative body. There is however, no bar against a Government servant who is qualified to vote at such election, exercising his right to vote, provided that, if he does so he does not give any indication of the manner in which he proposes to vote or has voted.

The above rule clearly prohibits proposing or seconding by a Government servant of a candidate for election, as such action would constitute "taking part in an election" within the meaning of rule 5 (4), proposing or seconding being an essential preliminary to an election. The Supreme Court decided recently in a case that the mere proposing or seconding by Government servants of nominations of candidates at elections is not forbidden under the Election Law. The question has been raised whether this decision of the Supreme Court implies that Government servants are free to propose or to second the candidature of any one standing for an election. The position is that the Supreme Court has only decided the question whether the election of a candidate whose nomination paper has been proposed and/or seconded by a Government servant can be declared void merely for that reason. They had held that as Government servants are not in the excluded category, it follows that so far as section 123 (8) of the Representation of the People Act, 1951, is concerned they are not disqualified from proposing or seconding a candidate’s nomination. The question before them was whether section 123(8) took away from Government servants that which section 33(2) of the Act had given to them. On a construction of the Act they held that it did not. That decision in no manner affects the obligation of Government servants under rule 5 of the Central Civil Services (Conduct) Rules for which he may be suitably penalized in accordance with the rules.

[MHA Memo No. 25/59/52-Ests dated 30.06.1955]