Single-judge Justice Rajasekhar Mantha said that when any person seeks to contest an election to the post of a public representative, he is deemed to be a person seeking to represent the public at large.
The Court was hearing a plea filed by one Dr Pranat Tudu, who was working as a doctor with the Jhargram Government Medical College and Hospital. He had resigned from his job to contest the Lok Sabha elections. However, the State government did not accept his resignation. He therefore, petitioned the High Court, seeking a directive to the State government to accept his resignation.
However, the government pointed out that as per Clause 14 of the West Bengal Service Rules, the concept of public interest will have to be considered.
“On the issue of public interest being the primary consideration under Clause 14, apart from the same being directory, this Court is of the view that when any person seeks to contest an election to the post of a public representative, he is deemed as a person seeking to represent the public at large. There is therefore, deemed public interest in a person seeking to contest in an election and to be a representative of the people,” the judge observed in the order passed on March 22.
Source: Barandbench
