DRAFTING
/REQUISITIONING OF PREMISES/VEHICLES
SC
judgement on deployment of BHEL employees on election
duty.
Election Commission's letter 576/3/96-Judl-II dated
26 August, 1996 addressed to The Chief Electoral
Officers of all States and Union Territories.
Subject: Judgments of the Supreme
Court in Civil Appeal No. 6026 of 1993 ( Election
Commission of India vs. State Bank of India Staff
Association, Local Head Office, Patna and others)
Civil Appeal No. 4611 of 1989 (Election Commission of
India vs. Northern Zone Insurance Employees
Association) - regarding.
______________________________________________________________________
I am directed to the invite your attention to the
Commission's letter No. 576/3/95/J.S.II, dated 17th
July 1996, on the subject cited wherein you were
requested to instruct all District Election officers
etc., to scrupulously observe in future the order the
Hon'ble Supreme Court in the above-mentioned Civil
Appeals and to deploy only the staff belonging to
Central Government, State Governments and local
authorities for election duties as Presiding Officers
/Polling Offices, etc.
2. In this context, I am to forward herewith a copy
of another order dated 30th July 1996 of the Hon'ble
supreme Court in Write Petition No. (c) 316 of 1996 (
Federation of BHEL Executives Association and another
vs. Election Commission of India and others) relating
to appointment of certain employees of Bharat Heavy
electrical Limited, a Government of India
undertaking, by the District Election Officers of
Hardwar and Saharanpur on election duties in
connection with the recently concluded general
election to the House of the People. The Hon'ble
Supreme Court took serious exception to the
deployment of above employees of BHEL on election
duties and observe, inter-alia, as follows:-
``However , we are keen to ensure that such violation
should not take place in future and if we accept the
unqualified apology, there is no guarantee that
others will not act in violation of this Court's
Order in future. However, since this is the first
lapse on the Returning Officer we take lenient view
of the matter and admonish both the officers for
their conduct in not following the ratio of this
Court's decision and warm them that in future they
should be more careful to ensure strict compliance
with this court's order. We also would like the
Election Commission of India to take note and to
issue such instructions as are necessary to the Chief
Electoral Officers not create a situation of the type
with which these two officers were faced"
(emphasis supplied)
3. In order that such lapses do not occur in future
at all, the commission hereby directs that all
District Election Officers, Returning Officers and
all other election authorities concerned should again
be cautioned to strictly observe the orders of the
Hon'ble Supreme Court in the matter of deployment of
staff for election duties and no person who does not
belong to Central Government or State Government or
local authorities should be detailed on election
duty. Any lapse in this behalf in future will be very
seriously viewed by the Commission and may also
invite severe action from the Hon'ble Supreme Court.
4. Kindly acknowledge receipt. A copy of the
instructions issue to the District Election Officers,
Returning Officers, etc., should be endorsed to the
Commission for its information and record.
FROM:
ASSISTANT REGISTRAR ------------ ------------
------------NO.1758/96/SEC/X
------------
------------ ------------ ------------ ------------
------------SUPREME COURT, INDIA
------------
------------ ------------ ------------ ------------
------------ -------------------NEW DELHI
------------
------------ ------------ ------------ ------------
---------DATED 13TH AUGUST, 1996
To
1. The Secretary
The Election Commission of India
Nirvachan Sadan
Ashok Road, New Delhi
2. The Election Commissioner,
Nirvachan Sadan
Lucknow,U.P.
3. The District Magistrate cum-
Returning Officer,Hardwar,U.P.
4. The District Magistrate cum Returning
Officer Saharanpur, Saharanpur, U. P.
WRIT PETITION NO. (C) 316 OF 1996
(Under Article 32 of the Constitution,of India)
------------
------------With
INTERLOCUTORY APPLICATION NO. 2
(Application for ex-parte Stay)
Federation of B.H.E.L. Executives Association &
Anr......... Petitioners
The Election Commission of India
Ors.................... Respondents.
Sir,
I am directed to forward herewith for your
information and necessary action a certified copy of
the Signed Order of this dated the 30th July, 1996 of
this Court passed in the Writ Petition and
application for Stay.
Please acknowledge receipt.
------------
------------ ------------ ------------ ------------
------------ ------------Your faithfully
------------
------------ ------------ ------------ ------------
--------------ASSISTANT REGISTRAR
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