No relief to Air India employee who wanted to contest assembly elections

The Bombay high court (HC) last week refused permission to an Air India (AI) employee to contest the Assembly elections in Maharashtra, taking note of a service

The Bombay high court (HC) last week refused permission to an Air India (AI) employee to contest the Assembly elections in Maharashtra, taking note of a service condition that prohibits him from participating in any political activity.

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Pradeep Dhobley, an employee of AI Engineering Services, had moved the HC challenging the Constitutional validity of service regulation 82, under which they can’t participate in any political activity. Dhobley had applied to his employer, initially seeking permission to contest the Parliamentary elections. His plea was, however, rejected on April 3. On October 1, he applied for interim relief to contest the elections to the Assembly, while staying in Air India’s service. His counsel, advocate Uday Warunjikar, submitted that assembly elections are regulated by the Representation of the Peoples Act, 1951. The enactment contains provisions to disqualify individuals from contesting elections and none of these provisions disqualify an employee of a public sector undertaking from participating in elections.

Pointing out that the right to contest elections has been recognised by the Supreme Court in 2008 not only as statutory, but a constitutional right, Warunjikar submitted that such a right cannot be infringed upon by means of a service condition.

His employer, Air India Engineering Services, opposed the petition contending they had no objection to the petitioner contesting any elections, subject to a condition that he leaves the service.

A division bench of justice Ranjit More and justice NJ Jamadar held an Act or regulations cannot be stayed and granting permission to the Air India employee would amount to staying the service regulation.