Government rules barring its PSU employees from contesting election were on Friday put under judicial scrutiny with the Supreme Court agreeing to examine its validity and issuing a notice to the Centre and the Election Commission on the matter.
A bench, headed by Chief Justice P Sathasivam, sought a response from the Centre and the Commission on a plea filed by Indian Oil Officer's Association and others seeking its direction for allowing them to contest the election. The bench, also comprising Justice Ranjan Gogoi, asked the petitioners why they waited so long to raise the issue.
"Why did you people wait till the eve of the election and whether it is the right time to raise the issues"? the bench observed while agreeing to adjudicate the issue. Senior advocate K K Venugopal submitted disqualifications listed in the Conduct, Discipline and Appeal Rules of various Public Sector Undertakings are not law made by Parliament and they deserve to be struck down as ultra-vires to the Constitution of India.
"It is the fervent submission of the petitioners herein that these rules prohibiting the officers of PSU's from contesting eElections are an affront to Articles 14 ~~amp;amp; 19 of the Constitution as they are against the basic fabric of a democratic set-up which gives a right to every citizen to collectively bargain in a participative democracy," the petition, filed by advocate Anupam Lal Das, said.
It said these officers are capable of providing good governance and there is no rationale why they should be prohibited from contesting elections and referred that professors serving in various universities are entitled to contesting elections.
"It is imperative that educated people are included in participatory democracy. The rules excluding educated public sector officers from being elected are certainly regressive apart from being ultra-vires the Constitution of India as they are not law enacted by Parliament," the petition said.
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