Election Officer Shashvat Saurabh asked Secretaries and Heads of Departments/Offices of the State and Central government to instruct officers and others under them to refrain from associating with political parties and candidates, in view of the Model Code of Conduct in force for the Kamaraj Nagar byelection next month.
Complaints to EC
The instructions were issued in the wake of the Election Commission receiving complaints that some government servants were actively associating with political activity, which was contrary to Rule of 5 COS (Conduct) Rules, 1964 and a similar rule applicable to officers of the All India Services that warrants disciplinary action.
As per the rules, no government servant can be a member or be otherwise associated with any political movement.
He warned that any violations of the directions from the Election Commission by any government servant will be viewed very sternly and penal action would be taken by the Election Commission against the offenders as per the relevant acts and rules.
In a press note, the DEO said Section 129 of Representation of People Act, 1951 bars government servants to act for candidates or to influence voting during election and contravention of this provision penalises the offender with imprisonment, which may extend up to six months, or with a fine or both.
Agents for parties
The provisions of Section 134 of the RP Act deals with the breach of official duty and the penalty it warrants. Section 134A of the RP Act provides penalty for the government servants for acting as polling, election or counting agents.
Any person in the service of the government indulging in such activities shall be punished with imprisonment for a term, which may extend to three months, or with a fine or both, he said.
The District Magistrate has also issued prohibitory orders under Section 144 of the Cr.P.C (1973) in the Assembly constituency until completion of the bypoll.
