BHOPINDER SINGH DHILLON, BAL RAJ TULI, A.D.KOSHAL, PREM CHAND JAIN, MAN MOHAN SINGH GUJRAL
Uttam Singh – Appellant
Versus
S. Kripal Singh – Respondent
BAL RAJ TULI, J.
1. A Division Bench has referred the following question of law for determination by this Bench:-
"Whether the restriction placed by regulation 25(4) of the Life Insurance Corporation of India (Staff) Regulations, 1960, framed u/s. 49(2)(b) and (bb) of the Life Insurance Corporation Act debarring the employees of the Corporation from taking part in any election does or does not amount to a disqualification for being chosen as a member of the Punjab Legislative Assembly within the meaning of sub-clause (e) of Clause (1) of Article 191 of the Constitution."
Regulation 25 (4) of the Life Insurance Corporation of India (Staff) Regulations, 1960 (hereinafter referred to as the Regulations), which places the restriction, reads as under:-
"No employee shall canvass or otherwise interfere or use his influence in connection with or take part in an election to any legislature or local authority. Provided that- (i) an employee qualified to vote at such election may exercise his right to vote but, where he does so, he shall give no indication of the manner in which he proposes to vote or has voted.
(ii) an employee shall not be deemed to have contravened the provisions
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