Government rules barring PSU employees from contesting elections have come under the judicial scanner. On Friday, the Supreme Court issued notice to the Centre and Election Commission seeking their response to a PIl which challenged the validity of the rules.
A bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi issued notice on a PIl filed by Indian Oil Officers' Association to allow them to contest the upcoming Parliamentary elections. Initially, the bench wished to know 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 asked.
Senior advocate KK Venugopal argued for the petitioners that disqualifications listed in the Conduct, Discipline and Appeal Rules of various Public Sector Undertakings and public companies were not law made by Parliament and deserve to be struck down as ultra-vires to Articles 14 and 19 of the Constitution.
"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 said.
These officers are capable of providing good governance and there is no rationale why they should be prohibited from contesting elections, Venugopal argued.