Restrictions under the model code of conduct for government servants are applicable to retired officials engaged by state governments, the Election Commission said.
Restrictions during the Model Code of Conduct
In a November 9 letter to the chief secretaries of Goa, Manipur, Punjab, Uttar Pradesh and Uttarakhand, which are due to hold Assembly elections in 2027, the ECI said while there were no specific guidelines for retired employees regarding political neutrality and conduct, the restrictions and prohibitions applicable to government servants “shall similarly apply” to them.
“The Commission hereby directs that restrictions and prohibitions applicable to government servants shall similarly apply to individuals including retired government officials/officers/employees attached or engaged or employed or re-employed in various capacities by State/UT Governments, for whom there are no specific guidelines or rules relating to their political neutrality and conduct during MCC period,” the letter stated .
Also Read | ECI extends neutrality restrictions in poll-bound states
The restrictions bar such individuals from participating in election campaigns or canvassing and require them to maintain political neutrality. They also cannot summon any election-related officer of a constituency or district where polls have been announced for official discussions, meetings or video conferences.
{{/usCountry}}The restrictions bar such individuals from participating in election campaigns or canvassing and require them to maintain political neutrality. They also cannot summon any election-related officer of a constituency or district where polls have been announced for official discussions, meetings or video conferences.
{{/usCountry}}Any act of omission or commission contrary to the directions “shall be viewed seriously”, the Commission warned.
Why the ECI extended the curbs
A senior ECI official told HT that the decision followed internal deliberations.
“We noticed that several of these officials keep working with state governments even after retirement. Every election we used to receive complaints regarding their conduct. Hence, this time we decided to extend the curbs to them,” the official said.
Also Read | Awaiting report on Waris Punjab de’s separatist link claims: Election Commission of India
Earlier ECI instructions and Conduct Rules
The letter referred to ECI instructions issued in 1984 and 1991, which state that government employees must not campaign or lend their names, official position or authority to help one party or candidate over another.
The provisions of the MCC apply to all organisations, committees, corporations/commissions, funded wholly or partially by the government, and their employees.
The relevant Conduct Rules, in the states, prohibit government servants from taking part in political activities and elections, the letter said.
The ECI has previously restricted the role of re-employed officials. Its 2022 pre-poll instructions to the same five states said officials on extension of service or re-employed in various capacities, except those in the office of the chief electoral officer, would not be associated with election-related work. A similar clarification was issued in the Commission’s January 2019 transfer guidelines.
The ban on summoning election officials was earlier framed around ministers. The ECI’s FAQ states that no Union or state minister can summon an election-related officer for official discussions.
Also Read | EC gives fresh chance to voters excluded from draft SIR rolls in Delhi, Maharashtra, 5 other states
Concerns about re-employed officials
The issue of political neutrality of retired officials engaged by state governments has also been raised by political parties. Before the 2024 Lok Sabha elections in Haryana, a complaint was filed against Rajesh Kumar Khullar, a former IAS officer and the chief principal secretary to the chief minister, alleging “blatant violation” of ECI guidelines on re-employed officials. The state government defended his continuation as procedurally compliant.
More recently, ahead of the April 9 elections in Assam, opposition parties led by the Assam Congress questioned the legality of re-engaging a retired All India Service officer in a senior post with full administrative and financial powers, calling the appointment “political” and “invalid”. An activist also approached the ECI, arguing that the re-engagement order was linked to the previous Cabinet and should not continue once the MCC came into force. Officials, however, argued that governance cannot be paralysed during elections.
Transfer directions for election-linked officers
The latest directive follows the Commission’s October 27 order asking the five states to transfer election-linked officers. Officials posted in their home districts or who have served in a district for three years or more are to be transferred, with March 31, 2027, as the cut-off for Goa, Manipur, Punjab and Uttarakhand and May 31, 2027, for Uttar Pradesh.