Section 42 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
42. [ Contesting Elections. [Rule 42 which was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984 is now substituted by Notification No. PST/1083/194/SE-Cell, dated 2.4.1985.]
(1)Subject to the provisions of sub-rules (3) to (6) (both inclusive), an employee may, with previous intimation to the Management in writing, contest elections to the University Senate in accordance with the provisions laid down in the respective non-Agricultural University Acts, or as the case may be, to the Maharashtra Legislative Council as provided in sub-clauses (b) and (c) of clause (3) of Article 171 of the Constitution of India.(2)Subject to the provisions of sub-rules (3) to (6) (both inclusive), an employee may, with the previous permission of the Management in writing, contest election to public offices [other than those mentioned in sub-rule (1)] at the Local, District State or National level.(3)Immediately after filing the nomination form for contesting such election and the same being declared as valid, the employee shall proceed on leave due and admissible to him; and if no leave is to his credit, he shall proceed on extraordinary leave, and shall continue to be on leave till the declaration of the election results:Provided that the Management may require a temporary employee contesting such election to resign his post even during the election campaign, if in the opinion of the Management, the election campaign is likely to adversely affect the duties of the employee.(4)The employee contesting such an election shall not involve the Management, employees or students of the Institution in which he is employed, in the election campaign.(5)(a)In the event of his being elected the permanent employee shall apply for further extension of leave due and admissible to him and if no leave is at his credit, the extraordinary leave for the period for which he is likely to continue to hold the office; and the same shall be granted by the Management in relaxation of the limit prescribed in sub-rule (13) of rule 16.(b)In case, however, if the sessions of meetings of the public office are held at intervals he may be allowed to avail himself of leave due and admissible to him or, as the case may be, the extraordinary leave, for the actual periods of the sessions or meetings including the periods of journey and may be allowed to attend the school during the remaining periods.(c)The period of extraordinary leave availed of for the purpose, shall be counted for purposes of annual increments.(6)(a)In the event of a permanent employee further becoming an office-bearer such as Chairman, President, Vice-President, Secretary, Joint Secretary, etc., which demands full-time attendance or long-time absence from normal duties, he shall apply for keeping his lien on the post which he held, which shall be granted by the Management.(b)In the case of a non-permanent employee who is on leave till the declaration of election results, in the event of his being elected he shall resign the post he held immediately on his election to the public office.(7)Provisions of sub-rules (3), (4) and (5) shall mutatis mutandis apply to,-(i)the permanent employees elected to public offices being further elected on the University Senate, or as the case may be, the State Board of Secondary and Higher Secondary Education, by virtue of their office;(ii)the permanent employee nominated by the State Government on the State Board or Division Board of Secondary and Higher Secondary Education.]
