Part-time Govt employees cannot contest elections: SC

The Supreme Court has held that Government servants, including part-time employees like gramin dak sewaks, cannot contest elections to a public office as they are covered by the "office or profit" clause which prohibits them from taking part in polls. "Government employees are prohibited from taking part in elections to a Panchayat or Nagar Panchayat. Such prohibition was introduced for obvious reasons. The legislative object in making the rules is very clear, viz, the status enjoyed by a candidate shall not be allowed to be prejudicial vis-a-vis a candidate who does not enjoy such a status," the apex court observed. The apex court passed the ruling while dismissing the appeal filed by Chet Ram, a gramin dak sewak who challenged the State Election Commission's decision to disqualify him as member of the Nagar Panchayat, Sardulgarh, in Punjab. He was disqualified on an election petition filed by the defeated candidate Jit Singh who submitted that Chet Ram should be disqualified as he was a gramin dak sewak which was an "office of profit." Though Chet Ram argued that he was only a part-time employee, the State Election Commission, and later the Punjab and Haryana High Court held that he stood disqualified as even a part-time job attracted the prohibition contained in Article 243 F and 243 V of the Constitution and Section 11(g) of the Punjab State Election Commission Act. Upholding the findings of the election commission and the high court, the apex court citing the Jaya Bachchan case in 2006 said an "office of profit" is an office which is capable of yielding a profit or pecuniary gain.

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