MCC also applies to retired govt servants engaged by states: ECI

Restrictions under the model code of conduct for government servants are applicable to retired officials engaged by state governments, the Election Commission said. 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. Any act of omission or commission contrary to the directions “shall be viewed seriously”, the Commission warned.

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 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 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.

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.