N.o.c. for the conduct of election

Adv M.D.Azhar (Querist) 09 April 2014 This query is : Resolved
sir, one of the participant in the present election is a government servant in Gujarat university and being a government servant he has not observed N.O.C. from the above mentioned university or he has also not submit the said N.O.C. with the election form so my query is that weather is it mandatory? if not than his nomination paper can be rejected on this sole ground. if there is any ruling on that issue than please help me.

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Guest (Expert) 09 April 2014
Being an employee of an autonomous body, the employee of the Gujarat University does not happen to be a Government servant.

So, better read regulations of Gujarat University on conduct and discipline of its employees vis-a-vis the election law.

Adv M.D.Azhar (Querist) 09 April 2014
if he is not a government servant than, has he need to observe the permission from the gujarat university?

Devajyoti Barman (Expert) 09 April 2014
Without NOC he has done professional misconduct and liable for disciplinary proceeding unless the University approves his application with retrospective effect.

Guest (Expert) 09 April 2014
Question of "NOC" or "if" does not arise as a Government servant is barred from taking part in the election, as a candidate or even for canvassing for any other candidate.

Sudhir Kumar, Advocate (Expert) 10 April 2014
if the university is following conduct rules of the center/state govt the nomination can be rejected (even if elected) and in addition he is liable for disciplinary action.

Rajendra K Goyal (Expert) 10 April 2014
University rules in reference to the election rules has to be referred.

T. Kalaiselvan, Advocate (Expert) 10 April 2014
I agree with the opinions of Mr. Barman and Mr Dhingra on the subject. government servant is barred from taking part in an election outside his employment so hope you are clarified now.

Adv M.D.Azhar (Querist) 11 April 2014
thanks. we raised such objection before collector that as per the paper book of guj.university sec. 51-aa he is a government servant as defined in sec 21 of i.p.c. morever the candidate did not specufy his that from which cast he belongs that objextion was also raised an collector replied that he has submitted a certificate of scheduel tribe, thus objection were over ruled. is it a fit matter to challenge before high court.

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