Can a state government employee contest as mla (politics)

Querist : Anonymous (Querist) 28 November 2023 This query is : Resolved
Sir/Mam, am working as AEE in Water Resources Department of Government of Andhra Pradesh since 10 years. I am 38 years old.

I would like to contest as MLA in coming Assembly Elections of AP.

Am i eligible to contest as MLA

Please provide the relavent information

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Government employees in India are generally prohibited from contesting elections to any legislature or local authority. This is due to conduct rules that prevent them from participating in political activities, including canvassing or being associated with political parties. While there have been rare exceptions, such as a doctor being allowed to contest after being relieved from duty, the standard requirement is to resign from government service before standing for election.

S.JEEVAGAN, Madurai. (Expert) 28 November 2023
Sir
My answer to your question is "No.

"No government servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in an election to any legislature or local authority".

"No government servant "shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in or assist in any other matter, any political movement or activity".

However, a doctor of a Rajasthan government hospital was recently allowed by the hon'ble Rajasthan high court to contest the state assembly polls held in November, 2023 but on one condition, i.e. the doctor would first have to be "relieved" from his duty as a "medical officer". Only then he could contest the polls. At the same time, the hon'ble Rajasthan high court permitted the doctor to rejoin the duty in case he loses the election.

Sudhir Kumar, Advocate (Expert) 28 November 2023
NO.

kavksatyanarayana (Expert) 28 November 2023
First, you shall resign from your job in Government and you cannot do any job to contest as MLA in coming elections. Otherwise, it will lead to a code of conduct.

T. Kalaiselvan, Advocate (Expert) 29 November 2023
By ‘election’, if you are referring to Assembly / Parliament / Local bodies poll, the answer is No. A Govt employee cannot even canvass for any candidate in election. (Family member of a Govt employee can contest election. Here too, the Govt employee cannot canvass for the family member)

If any Govt employee wishes to contest in election or canvass for any candidate, he must resign from the job.The Central Civil Services (Conduct) Rules, 1964, which are applicable to the Central Government civilian employees, prohibit the employees from contesting elections to any Legislative or Local Authority.

Sudhir Kumar, Advocate (Expert) 01 December 2023
leave aside canvassing a govt servant is not even allowed to attend "close door meeting" of any party or candidate.

He can only attend public meeting.

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