Srinagar (Jammu and Kashmir ): A petition challenging the constitutionality of Rule 14 of the Jammu and Kashmir Employees (Conduct) Rules, 1971, has been filed before the High Court of Jammu and Kashmir and Ladakh. This rule prohibits government employees from participating in electoral politics, and the petitioner, Zahoor Ahmad Bhat, a senior lecturer of political science in the government's school education department, asserts that it is both unconstitutional and contradictory to democratic principles.
Rule 14 of the 1971 conduct rules specifically bars government servants from engaging in political activities, supporting political parties, or assisting any political movement within the state. Bhat’s petition argues that this rule infringes upon fundamental rights guaranteed under Articles 13, 14, and 21 of the Constitution of India. Article 13 ensures that laws violating fundamental rights are not permitted, Article 14 guarantees equality before the law, and Article 21 safeguards the right to life and personal liberty.
The Division Bench of the High Court consisting of Justices Atul Sreedharan and Mohammad Yousuf Wani admitted the petition and scheduled the next hearing for October 21. The legal challenge emerged after the Commissioner/Secretary of the school education department declined Bhat's request for 40 days of earned leave. Bhat had sought leave to participate in the upcoming legislative assembly elections in Jammu and Kashmir, which are scheduled to begin on September 18.
In his plea, Bhat, represented by Advocate Shafqat Nazir, emphasizes that while the Constitution allows government employees to exercise their right to vote, it illogically precludes them from standing as candidates in elections. The petition contends that this restriction is inconsistent with the Representation of Peoples Act, 1951, which does not impose such limitations on government employees seeking to enter legislative assemblies.
"The petitioner submits that Rule 14 (1) is in direct conflict with the Constitutional provisions and is, therefore, ultra-vires the Constitution of India," the petition states. Bhat is not only seeking to have Rule 14 (1) declared unconstitutional but is also requesting the court to direct the relevant authorities to grant his leave, enabling him to contest in the forthcoming assembly 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 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, ultra-vires the Constitution of India," the petition reads.
Jammu and Kashmir is going to witness its first assembly elections post abrogation of article 370 on September 18 with the first phase of voting. The second and third phases are scheduled for September 25 and October 1, respectively.
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