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Showing contexts for: define election in M N.Samrath vs Marotrao And Ors.And Vice Versa on 4 May, 1979Matching Fragments
2. Regulation 25(4) of the (Staff) Regulations is not a law, dealing with elections. Chapter III of the (Staff) Regulations, in which Regulation 25 is found, deals with 'conduct, discipline and appeals' in regard to employees of the Life Insurance Corporation of India. A conspectus of the provision contained in the Chapter, from section 20 to SO shows that it deals with nothing else. This is a body of provisions defining and controlling the conduct of employees in order to ensure efficiency and discipline in the Corporation, and providing for penalties (Section 39) against erring employees. Regulation 25 prohibits participation in politics and standing for elections. Regulation 25(4) forbids an employee not only from taking part in an election to any legislature or local authority, but also from canvassing or otherwise interfering or using his influence, in connection with such an election. If he does, he will be guilty of a breach of discipline, punishable under Regulation 39. Regulation 25(4) is a norm of discipline. In substance it is nothing else. In substance, it is not a provision of. election law. It cannot be construed as defining a ground of electoral ineligibility. All that it says to the employee is: ' while you may be eligible for election to a legislature or local authority by virtue of your local status or capacity. you shall not exercise that right if you wish to conform to the discipline of your service." [1105D-G]
Regulation 25(4) of the (Staff) Regulations is not a law, dealing with elections. Chapter III of the (Staff) Regulations, in which Regulation 25 is found, deals with "conduct, discipline and appeals" in regard to employees of the Life Insurance Corporation of India. A conspectus of the provisions contained in the Chapter, from sections 20 to SO, shows that it deals with nothing else. This is a body of provisions defining and controlling the conduct of employees in order to ensure efficiency and discipline in the Corporation, and providing for penalties (Section 39) against erring employees. Regulation 25 prohibits participation in politics and standing for elections. Regulation 25(4) forbids an employee not only from taking part in an election to any legislature or local authority, but also from canvassing or otherwise interfering, or using his influence, in connection with such an election. If he does, he will be guilty of a breach of discipline, punishable under Regulation 39. Regulation 25(4) is a norm of service discipline. In substance, it is nothing else. Tn substance, it is not a provision of election law. It cannot be construed as defined a ground of electoral ineligibility. All that it says to the employee is: "While you may be eligible for election to a legislature or local authority, by virtue of your legal status or capacity, you shall not exercise that right if you wish to conform to the discipline of your service." The right to stand for election flows from the election law. Regulation 25(4) does not take away or abrogate the right; it merely seeks to restrain the employee from exercising it in the interests of service discipline. If in fact the employee exercises the right, he may be punished under Regulation 39 with any of the penalties visited on an employee-a penalty which takes its colour from the relevance of em ployment, and has nothing to do with the election law. No penalty under Chapter III of the (Staff) Regulations can provide for invalidating the election of all employee to a legislature or a local authority. That would be a matter for the election law. It is significant that when the restraint on standing for election imposed by Regulation 25(4) has to be removed, it is by the Chairman of the Life Insurance Corporation of India under the third proviso. When he does so, it is as a superior in the hierarchy of service concerned with service discipline. He does not do so as an authority concerned with elections.