The regulations prohibiting employee participation in politics were held to be valid and not in violation of constitutional rights.

JUDGMENT :

1. As Senior Slore Supervisor at Vijayawada, petitioner while on leave from December 1, 1982, to January 15, 1983, contested on December 10, 1982, as a candidate on behalf of the Communist Party of India at the General Elections as a Member of the Legislative Assembly. Obviously, he lost in the election. Thereafter, he cancelled 5 days leave to his credit and sought to join duty on January, 1983. A charge-memo was given him on January 12, 1983, to explain why he should not be removed from service on the ground that he contested elections contrary to Regulation 23(1) of the Andhra Pradesh State Road Transport Corporation Employees (Conduct) Regulations, 1963, (for short ‘the Conduct Regulations), and also Note 2 (XV) to Regulation 9(1) of the Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations, 1967, (for short ‘the CCCA Regulations’). The petitioner submitted his explanation. An enquiry was conducted giving reasonable opportunity to the petitioner. The petitioner was issued second show-cause notice. On consideration of the material and the explanation the petitioner was removed from service by order dated October 31, 1984, which was confirmed on appeal by order dated April 9, 1985. Assailing the legality thereof the writ petitioner was field.

2. Sri S. Ramachandra Rao, the learned counsel for the petitioner, contends that Article 326 of the Constitution accords the right to participate as an elector in the elections to the Legislative Assembly or Parliament which includes a right to contest as a candidate.

3. Articles 102 and 191 provide only the disqualifications. The right to contest at an election by a Corpo rate employee like the petitioner has not been prohibited under the Constitution and the Preamble to the Constitution accords the right to Political Justice. Where the Constitution intends to provide disqualification, like the cue under Artical 58(2) under which an employee in the service of the State cas not contest to the office of the President of India, it made an express provision to that effect, and there is no express disqualification to contest elections to the Legislative Assembly by a Corporate employee. Regulation 23(1) of the Conduct Regulations is in violation of his right enshrined under Article 326 read with Articles 102 and 191 of the Constitution. Sections 44 and 45 of the Road Transport Corporations Act (Act LXIV of 1950), for short ‘ihe Act’, provides power to make Rules and Regulations by the State Government and the Corporation respectively inter alia regarding the conditions and manner of appointment of members of the Corporation and the administration of the affairs of the Corporation. No express embargo was created under the Act prohibiting an employee of the Corporation to contest an election. Therefore, Conduct Regulation 23(I) runs beyond the powers conferred under the Act. Therefore, in either event it is ultra vires of the power of the Corporation, the contention apparently is alluring but lacks legal force.

Regulation 23(1) Provides thus:

“Taking part in Politics and Elections: (I) No employee shall be a member of or be associated with any political party nor shall he take active part in politics or any political demonstration.

(2) If any question arises whether any movement or activity falls within the scope of this Regulation, the decision of the Managing Director thereon shall be final.”

4. A reading of this Conduct Regulation provides that an employee shall not be a member of any polical party nor he be associated with any political party nor shall he take active part in politics nor in political demonstration. Regulation 28(xxxii) of the Conduct Regulations provides that violating any specific Regulation or instruction of the Corporation in force is a misconduct. Note (2)(xv) to Regulation 9(1) of the CCCA Regulations says that taking part in subversive or political activities or activities prohibited by any law in force or