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Election Commission curbs political activity by reappointed officials

The Election Commission has instructed the Uttar Pradesh government to prevent retired officials re-employed in public posts from participating in political activities during elections, extending neutrality requirements to appointments previously lacking explicit conduct rules.

The directive, issued on November 9, applies when the Model Code of Conduct takes effect ahead of the state's 2027 Assembly election. It places retired personnel engaged by the government under restrictions already applicable to serving civil servants, regardless of the capacity in which they have been appointed.

Such officials cannot campaign for candidates, canvass for political parties or use their names, positions or authority to favour one political group over another. The Commission has also prohibited them from summoning election-related officers for official discussions or meetings in constituencies and districts where elections have been announced.

The prohibition expressly covers video conferences with officers involved in election duties. It is intended to prevent individuals holding government appointments after retirement from exercising influence over the administrative machinery responsible for conducting polls.

The Commission communicated the instructions to chief secretaries and chief electoral officers in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur. All five states are scheduled to hold Assembly elections in 2027, making the directive relevant to preparations across several administrations rather than Uttar Pradesh alone.

The poll authority identified a gap in the rules governing retired government employees who return to public service as advisers, appointees or other personnel. Although serving officials are bound by conduct regulations, some post-retirement appointments have lacked specific provisions addressing political neutrality during election periods.

The Commission said the restrictions and prohibitions applicable to government servants would similarly apply to individuals attached, engaged, employed or re-employed by state and Union Territory governments where separate neutrality rules were absent. Its instructions concern their conduct during the Model Code period, rather than imposing a general prohibition on political activity by every retired public employee.

The letter warned that any action, or failure to act, contrary to its directions would be treated seriously. State authorities have been instructed to communicate the requirements to those affected and ensure compliance during the election process.

The decision follows concerns over the role of former officials who continue to hold influential positions within state administrations after leaving regular service. Election authorities have received complaints about such appointees convening meetings involving officials responsible for election work while campaign restrictions were operating.

The Commission has not identified particular Uttar Pradesh appointees as having breached the new directions. Nor does the order, as communicated, announce disciplinary proceedings against named individuals. Its immediate effect is to establish a uniform standard for the category of government-appointed personnel covered by the clarification.

The instructions also reaffirm that the Model Code of Conduct applies to government-funded bodies, including organisations, committees, corporations and commissions, whether their funding comes wholly or partly from public sources. Employees of these institutions are consequently expected to observe the relevant election-period restrictions.

Existing conduct rules prohibit serving government employees from taking part in political activities and elections. Earlier Commission instructions also required officials to avoid election campaigning and refrain from lending their official standing to any party, candidate or political group.

The latest clarification builds on earlier election-management measures concerning re-employed officers. Previous directions restricted the involvement of officials serving on extensions or post-retirement appointments in election-related work, subject to specified exceptions for personnel working in the chief electoral officer's establishment.

The distinction matters because an appointment after retirement does not necessarily carry the same service conditions as a regular government post. By explicitly extending election-period restrictions, the Commission has addressed that difference without announcing changes to the underlying terms of appointment.

Uttar Pradesh is due to elect a new Assembly in 2027, with the current legislature's term ending in May. The other four states covered by the communication have Assembly terms ending earlier in the year.

The Commission's instructions distinguish between ordinary administrative responsibilities and activities capable of compromising electoral neutrality. They specifically address contact with election officers after polls are announced, when administrative decisions and official communications face heightened scrutiny under the Model Code of Conduct.

Separately, the Commission has instructed the five states to transfer certain officers connected with election work, including those posted in their home districts or who have completed prescribed periods in the same district. For Uttar Pradesh, the relevant service-period assessment uses May 31, 2027, as its cut-off date.