Naresh Kumar Sinha and J JJ.

1. -the constitutional validity of sub-rules (1) and (2) of Rule 6 of the Bihar Government Servants Conduct Rules, 1976 (hereinafter as the "conduct Rules") is under challenging in this application under Articles 226 and 227 of the Constitution of India.

2. The petitioner No.1 is a Government servant in the department of Industries, Government of Bihar, and is presently posted on deputation as Cashier, Bihar State Textile Corporation Ltd. petitioner No 2 is his wife but she is admittedly not in government service. The petitioners, it is stated, are interested in joining political parties for their all round development without prejudice to the implementation of the National Policy and official duties cast upon the government servant. Their case is that the provisions of sub-rules (1) and (2) of Rule 6 of the Conduct Rules are violative of their fundamental rights enshrined under Articles 19 (1) (c) and 21 of the Constitution of India inasmuch as they prohibit them from becoming a a number of a political party. The framing of the Rules is said to be politically motivated to keep government servant as second grade citizen by snatching away his/her