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Judgment
K. Ramaswamy and; S.P. Kurdukar, JJ.-Leave granted.
The question involved in this case is: whether a teacher, while in service, is entitled to contest election without resigning before the date of filing the nomination and thereafter to come back and work as a teacher. When the matter was referred, on similar question, to the Constitution Bench, the Constitution Bench in Writ Petition (C) No. 393 of 1972 and batch of writ petition titled as Ravindra Kumar Dutta v. Union of India by order dated 8-7-1996 held that in view of the long lapse of time, the individual notices issued to each one of the petitioners had outlived their utility and the cases had become stale. The question whether the activities amount to political activities in terms of Rule 5 of the Rules was left open. However, liberty was given to the employer to take appropriate action against the employees indulging in political activities in accordance with law.
With similar liberty, the appeal is dismissed; but, in the circumstances, without costs.