DRAFTING /REQUISITIONING OF PREMISES/VEHICLES

SC judgement on deployment of Public Sector employees on election duty.

Election Commission' letter No. 576/3/95-J.S.-II Dated: 17th July, 1996 addressed to Chief Electoral Officers of all States and Union Territories.
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Subject: Judgement in Civil Appeal No. 6026 of 1993 before Supreme Court (Election Commission of India vs. State Bank of India Staff Association, Local Head Office, Patna and others) and in Civil Appeal No. 4611 of 1989 (Election Commission of India vs. Northern Zone Insurance Employees Association) - regarding.

I am directed to invite your attention to the Commission's letter No. 509/81/93-J.S.-II, dated 08.02.1995 (addressed to the Chief Electoral Officers of Bihar, Arunachal Pradesh, Gujarat, Manipur, Maharashtra and Orissa and letter no. 576/3/95-J.S.-II, dated 20.04.1995 (addressed to all other Chief Electoral Officers) forwarding therewith a copy of the judgment and order passed by the Hon'ble Supreme Court on 07.02.1995 in the above Civil Appeals and also to invite your attention to para 2.2 of Chapter III of the Handbook for Returning Officers, 1994 edition (Reprint 1996).

2. In the said order the Hon'ble Supreme Court has categorically held that only the employees of the Central and State Governments and the employees of the local authorities covered within the scope and ambit of Article 324(6) of the Constitution and Section 159 of the Representation of the People Act, 1951 can be deployed on election duties as Presiding Officers, Polling Officers etc. The Supreme Court, therefore, granted exemption from election duties to the employees of the State Bank of India and the Life Insurance Corporation, as they are not the employees of the Government or local authorities but are the employees of the statutory companies/corporations as public sector undertakings.

3. It has been observed by the Commission during the last general elections to the House of the People and certain State Legislative Assemblies, that despite the above categorical pronouncement of the Hon'ble Supreme Court on the subject, many District Election Officers/Returning Officers have deployed employees belonging to public sector undertakings under the Central or State Governments or employees of other statutory bodies, like, Universities, teaching and non-teaching staff of government aided colleges and schools run by registered Societies, etc., on the above mentioned election duties. In many cases, such person either individually or through their associations/unions approached the Hon'ble Supreme Court and various High Courts and the Commission had a difficult time in explaining to the Hon'ble courts the lapse on the part of the election authorities in making such deployment on election duties. Apart from the embarrassment which the Commission and the election authorities had to face before the Hon'ble Courts, that often resulted in last minute problems as the election authorities had to make alternative arrangements in place of the petitioners who were exempted by the Hon'ble Courts from performing those duties. In addition, that also resulted in a lot of unnecessary and avoidable expenditure on the engagement of the Counsel, etc. to defend those cases.

4. In order that such lapses do not occur in future, the Commission desires that all District Election Officers, Returning Officers and other election authorities concerned should be immediately informed once again of the above judgment and order dated 07.02.1995 of the Hon'ble Supreme Court. They should be instructed to scrupulously observe in future the said order of the Hon'ble Supreme Court in the matter of deployment of staff on election duties as Presiding Officers, Polling Officers, etc. Any deviation therefrom will be seriously viewed by the Commission.

5. It may not be out of place to mention that keeping in view the problem of acute shortage of Government staff and employees of local authorities for deployment on election duties arising on account of the above judgment of the Hon'ble Supreme Court, the Commission has already recommended to the Government of India to suitably amend Section 159 of the Representation of the People Act, 1951 to provide that all public sector undertakings of the Central and State Governments, all statutory and non-statutory bodies aided by the Government, all Universities and all educational institutions aided by the Government should also make available their staff for election duties like the local authorities mentioned in the said Section 159. However, till the law is amended as recommended by the Commission, the above order dated 07.02.1995 of the Hon'ble Supreme Court should be strictly implemented by all concerned.

6. Incidentally, in view of the above order of the Hon'ble Supreme Court, para 2 of Chapter III of the Handbook for Returning Officers 1994 edition (1996 reprint) may be slightly modified by omitting the words ``statutory bodies and corporations and Public Sector Undertakings" occurring in lines 7 and 8 of the said para.

7. Kindly acknowledge receipt. A copy of the instructions issued to the District Election Officers/Returning Officers and other election authorities concerned may be endorsed to the Commission for its information and record.



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