Supreme Court refuses to entertain PIL for cooling-off period before judges, government officers can enter politics

The Supreme Court on Friday refused to entertain a public interest litigation (PIL) petition that called for the introduction of a cooling-off period before former government servants, including judges, are allowed to enter politics [GV Harsha Kumar vs Election Commission of India and anr].When the plea came up before a bench of Justices Surya Kant and Sandeep Mehta this morning, the bench promptly made it clear that it was not inclined to allow the prayers sought for. "This is the season for everyone to become in public interest. Over conscious. Suddenly before polls. You want to withdraw or argue?" Justice Kant asked.The petitioner's counsel then sought permission to withdraw the case which was allowed by the Court..The PIL before the Court was filed by Andhra Pradesh Congress leader GV Harsha Kumar, who also contended that only one pension should be given to legislators who were earlier civil servants."The petitioner has been noticing unlawful and unethical situation in Amalapuram parliament constituency and various other constituencies in Andhra Pradesh and Telangana for the past two elections wherein retired Income Tax Commissioners or their wife have been given tickets by the political parties. The etitioner also noticed the increased trend of entering public servants into politics on the eve of elections," Kumar's petition said. .Retired Justice Abhijit Gangopadhyay to contest Lok Sabha polls on BJP ticket.Serving bureaucrats and judges have been opting for voluntary retirement from public service before choosing to contest elections immediately by joining a political party or immediately after retirement, Kumar submitted further. Kumar raised concern that allowing such a practice to continue could affect the impartiality of government servants and judges, while they remain in service. "It is very well established that any form of interest outside the job assigned can influence the decision-making process in administration and the existence of the 'cooling off period' strikes the balances between the bureaucrat’s public duty and personal interest. This existence of cooling off period shall align with the principle of political neutrality among the Civil servants," Kumar said. .He added that civil servants and judges often have access to sensitive and confidential information during their tenures. As such, allowing an immediate transition to a political arena raises concerns about the misuse of such sensitive information, he argued. "Cooling-off period helps mitigate such risk and maintains and upholds public trust," the plea stated. To uphold the integrity and credibility of civil service, maintaining a clear distinction between bureaucracy and politics is crucial, the petitioner stressed."A cooling-off period ensures that civil servants have the necessary time to disassociate themselves from their previous roles and responsibilities," the plea filed through advocate Sravan Kumar Karanam said.