Response

A Government Employee is not supposed to take part in election as Candidate without prior sanction from the Government. The same rule applies to any kind of election whether it is for the society or RWA. Any government employee is not eligible to take part in election of RWA without prior sanction of Government.

The entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties.

According to the Central Civil Service (Conduct) Rules, 1964, no Government servant, except with the prior approval of Government, could contest election in cooperative societies, Residents Welfare Association (RWA) etc. or hold an elected post

If a Government servant violates this rule, his election would be treated as illegal and he would have to relinquish his elected post.

In case of violation of the rules set out in the Central Civil Service Conduct Rules, there can also be disciplinary action initiated against the government employee who has contested in a co operative societies election.

Hence, if a government employee wants to contest in an election of RWA, then such an employee must take prior permission of the Government and if such permission is denied he/she shall not stand for the election.

Reference: Rule 15(1)(c) of the CCS (Conduct) Rules provides for previous sanction of the Government being taken by a Government servant for holding an elective office in any body, whether incorporated or not. Rule 15 (2) (d) provides that a Government servant may, without previous sanction of the Government take part in the registration, promotion or management (not involving the holding of elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to promotion of sports, cultural or recreation activities, registered under the Societies Registration Act, 1960 or any law for the time being in force. Thus, there is no bar, as such, on a Government servant holding an elective office and the rules only provide for previous sanction of the Government being taken for this purpose. Holding an elective office in a body or society covered under Rule 15 (1) (c) and 15 (2) (d) would generally involve exercise of some administrative responsibilities in that organization. Subject to the administrative authority satisfying itself that this will not interfere in any manner with the discharge of official duties by the Government servant concerned, the question of permitting Government servants to hold elective office can be considered.

3. The position under the rules, as clarified in the preceding para, may be kept in view by the Ministries/Departments while considering the requests of Government servants for permission to seek/hold elective office in a body or society covered under Rule 15 (1) (c) and 15 (2) (d) of the CCS (Conduct) Rules, 1964. – 202100297-20210041-10443 –

LAWAYZ-2023-505