Violation of constituational right.
Shafi Shah
(Querist) 14 June 2013
This query is : Resolved
Dear Sir,
I am a Teacher in west bengal government school.i have nominated myself for the panchayat election as a independant condidate.Here teachers are allowed to fight election, so large no of teachers nominated himself becouse they dont want to go on election duty.
Now due to shortage of election duty staff government have decided to cancealed nomination of independant condidate.
My question is that what can i do against government decision.
Guest
(Expert) 14 June 2013
Unless prescribed in the Conduct Rules for the Government employees, or candidature is rejected after proper examination by the concerned Election Officer, Government cannot cancel the nomination of any candidate for election. You may send complaint to the Election Commission of India.
Rajendra K Goyal
(Expert) 15 June 2013
First confirm whether your service conditions specifically allow you to contest such elections. Whether some prior departmental permission is required for the same (May or may not taken previously by others, but rules exist or not).
Even if yes, there must have been certain rules / guidelines for it for the sake of uniformity. Like such election / membership should not intervene in your routine duties etc. Before proceeding legally you have to go through all these aspects.
M V Gupta
(Expert) 15 June 2013
As teacher in a Govt School u will be regarded to hold an office of profit under the Govt. As such u are disqualified to contest elections under Article 191 of the Constitution, unless the State Govt has declared the post as not an office of profit under the state law. Hence pl check the relevent provisions of the relevent state law. If it is declared as not an office of profit, then the Govt cannot cancel the nominations filed by you.The power to do so vests exclusively in the Election Commission of India.
Shafi Shah
(Querist) 16 June 2013
I realy thanksful to the reply of experts.
Here i will add one point that in our state law teachers are permissbl to fight election.
Sudhir Kumar, Advocate 
(Expert) 16 June 2013
I agree with Mr MV Gupta
Teachers may be permitted to fight elections as an exception to Govt conduct rules but that does not alter electoral law. Service conditions and Electoral Law are two different things.
M V Gupta
(Expert) 16 June 2013
Dear Mr. Shafi,
What is the State law under which u claim that teachers are permitted to contest elections? Is it similar to the Central Act namely "parliament (Prevention of disqualification) Act, 1959 by which the central Govt had declared certain specified post as not offices of profit for contesting elections to the Parliament.
Sudhir Kumar, Advocate
(Expert) 21 June 2013
@ Mr MV Gupta.
He is relying on the fact that the conduct rules of WB Govt employees are different than Central rules to the extent employees are allowed to contest election.
But question is whether a subordinate legislation (framed uner Art 309) supersede Act of parliament or even constitution itself.
He himself said that "large no of teachers nominated himself becouse they dont want to go on election duty" This itself indicates that misuse of rule has been plugged by applying a superior law.
Shafi Shah
(Querist) 21 June 2013
Yes it is true a large no of teacher nominated just because they dont want to go on election duty,but no one can prove that because they are saying that they nominated himself to fight election.
Question is that because of other teachers some genuine teachers are loosing thier battle if thier nomination get canceal.
Shafi Shah
(Querist) 21 June 2013
Dear Sudhir Sir
Thanks for your reply here i want say, this is not my personel case,about 20 to 30 teachers of our area are facing this problem. So in this case can i file PIL
M V Gupta
(Expert) 21 June 2013
Dear Mr. Shafi, the question of filing PIL would arise if u are satisfied that under the State Law similar to the one sited by me for the Parliament, declares the post of Teachers under the State Govt Schools is not an office of profit for contesting elections to the Legislative Assembly and / or Parliament. Please beware filing of PIL which does not satisfy the criteria laid down by the SC would lead to severe penalties being imposed on the petitioner/s.
Shafi Shah
(Querist) 22 June 2013
Dear sir thaks of your reply,
I did not know the exact law but i know that in our west bengal teachers are eligible to fight election,
My problem is that why returning officer is cancealing nomination of independant candidate but not for those teachers who are fighting election on behalf of political party.Both the candidates are teacher, both have equel rights.
Rajendra K Goyal
(Expert) 22 June 2013
Are you confirm that the returning officer mentioned the reason 'independent candidate" while cancelling the nomination or has noted some other technical reason.
Raj Kumar Makkad
(Expert) 30 June 2013
It shall be better for you to post the mentioned service rules of teachers of your state which permit them to contest elections without resigning from their post.
Shafi Shah
(Querist) 03 July 2013
Here in west bengal i seen in my 30 yr of life that teachers fight can election.it is 100% clear that there must be survice rule regarding this.i would like to request our experts to please provide me that rule if found through internet or other source. I wil b vry thankful to them.
Raj Kumar Makkad
(Expert) 03 July 2013
Rule position is required to be obtained locally as no such term is found online.
