Supreme Court Rejects PIL for Cooling-off Period for Ex-Gov. Servants in Politics

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The Supreme Court rejected a Public Interest Litigation (PIL) seeking a cooling-off period for former government servants before they can enter politics. The PIL aimed to introduce a waiting period to prevent ex-government servants from immediately joining politics after retirement. However, the court ruled against the PIL, indicating that such a cooling-off period is not mandated by law or constitutional provisions.

NEW DELHI: Today (5th April): The Supreme Court refused to entertain a Public Interest Litigation (PIL) petition that called for the implementation of a cooling-off period before former government servants, including judges, are permitted to enter politics.

The court, consisting of Justices Surya Kant and Sandeep Mehta, expressed reluctance to grant the requested relief during the hearing. Subsequently, the petitioner’s counsel sought permission to withdraw the case, which was granted by the court.

The plea was filed by Andhra Pradesh Congress leader GV Harsha Kumar.

GV Harsha Kumar, an Andhra Pradesh Congress leader, filed a PIL before the Supreme Court, and expressed the need for a cooling-off period for Former Government servants before they can enter the political arena. Kumar also argued that legislators who were previously civil servants should receive only one pension.

“This is the season for everyone to become interested in public interest. Over conscious. Suddenly, before polls. You want to withdraw or argue?” Justice Kant asked.

The petitioner’s plea highlighted alleged unlawful and unethical situations in the Amalapuram parliament constituency and various other constituencies in Andhra Pradesh and Telangana. Kumar’s petition specifically mentioned the nomination of retired Income Tax Commissioners or their spouses as political candidates. The petitioner expressed concern about the increasing trend of public servants entering politics just before elections.

“Over the past two elections in Andhra Pradesh and Telangana, the petitioner observed a concerning pattern of retired Income Tax Commissioners or their spouses receiving political party tickets in Amalapuram parliamentary constituency and other constituencies. Additionally, there’s a noticeable rise in public servants transitioning into politics just before elections,” Kumar’s petition stated, highlighting unethical practices in the electoral process.

The Supreme Court’s refusal to entertain the PIL’s request for a cooling-off period for former government servants in politics means that the existing rules regarding the transition from government service to political involvement remain unchanged.

CASE TITLE: GV Harsha Kumar vs Election Commission of India and

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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