Wednesday, 4 September 2024

J&K High Court to Review Legality of Rule Restricting Government Employees from Electoral Politics

 J&K High Court to Review Legality of Rule Restricting Government Employees from Electoral Politics

Jammu and Kashmir High Court to Review Legality of Rule Restricting Government Employees from Electoral Politics

A petition has been filed in the High Court of Jammu and Kashmir and Ladakh challenging Rule 14 of the Jammu and Kashmir Employees (Conduct) Rules, 1971, which restricts government employees from engaging in political activities. Zahoor Ahmad Bhat, a senior lecturer in the government school education department in Kashmir, has contested the rule, arguing that it is unconstitutional and violates democratic principles as well as the Representation of Peoples Act, 1951.

Bhat sought a 40-day leave to participate in the upcoming legislative assembly elections, but his request was denied based on Rule 14 (1). Aggrieved by this decision, he filed a petition asserting that the rule infringes on his fundamental rights under Articles 13, 14, and 21 of the Indian Constitution. He argues that while government employees are allowed to vote, it is illogical to bar them from contesting elections.

The High Court has admitted the petition and scheduled the next hearing for October 21. Bhat, represented by Advocate Shafqat Nazir, seeks to have Rule 14 (1) declared unconstitutional and requests the Court to direct the concerned authorities to grant him leave to participate in the elections.

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