The prohibition under Rule 67A does not violate constitutional rights of a minority religious denomination regarding their internal elections and governance.

JUDGMENT

The writ petition has been filed seeking a direction to respondents 1 and 2 to consider Ext.P8 request and to take emergent action against respondents 5 to 11 in accordance with Ext.P1 Rules and for a further direction to respondents 1 and 2 to prohibit respondents 3 and 4 from allowing full-time Government servants from standing and contesting the election to the various Bodies of the CSI Sabha in violation of Ext.P1 Rules.

2. According to the petitioner, the 3rd respondent, which is the CSI Central Kerala Diocese, is a religious congregation following the Christian faith and the organisation has been registered as a non-trading company under the Companies Act. The petitioner is a member of the Sabha ever since he attained majority and is the Secretary of the Trust known as the Council for Social Justice, fighting against injustice in the society. The petitioner submits that the governance and administration of the Sabha are at two levels. At the grass-root level of the local Church, there is a Church committee and there is an Apex Body which is called the Diocese Council. The election is conducted to the Church Committee as well as to the Diocese Council. The Diocese Council is presided by the Bishop. The Sabha is having colleges, schools, hospitals, retreat centers and other non-religious institutions and the governance is controlled and directed by the elected Council. The petitioner submits that for the past several years, there is a tendency of Government servants to contest in the elections of the Council and by virtue of their official positions there is a likelihood of corruption and nepotism under the cover of the membership in the council. To curb such activities, the 1st respondent had amended the Kerala Government Servants Conduct Rules, 1960 (1960 Rules for short) in 2014 by adding Rule 67A. Ext.P1 is the amended Rule as published in the official gazette. The Rule reads thus:

“67A. Taking part in communal or religious activity –

(1) No Government servant shall be an office-bearer of any communal or religious organisation or of such trust or society.

(2) A Government servant shall, within one month of his assuming charge as an office bearer of any scientific, literary or charitable society or of such trust or organisation, inform the Government regarding the assumption of charge and if in the opinion of the Government his continuance as such office bearer is not in public interest, he shall resign from such office.

(3) No Government servant shall, while associating himself with any society, trust or organisation referred to in sub-rule (2) take part in any activity that involves collection of money or accept any subscription or other pecuniary assistance from any person or public or private entity.”

3. The petitioner submits that one Mathew Joseph who was a Legal Officer of the Law Department violated the above conduct Rules and contested in the election and continued to hold the post of a Councillor in the diocese council. A writ petition was filed, which was disposed of by Ext.P2 judgment directing the Government to take appropriate action. The Government thereafter issued Ext.P3 order whereby Sri Mathew Joseph was punished for misconduct by the imposition of a minor penalty. The finding in Ext.P3 order was that there is a violation of Rule 67A of the Kerala Government Servants Conduct Rules, 1960 , and Shri Mathew Joseph was directed to abstain from continuing as an office-bearer of CSI East Kerala Diocese and report forthwith. The petitioner submits that in si