DRAFTING /REQUISITIONING OF PREMISES/VEHICLES

SC judgement on deployment of BHEL employees on election duty.

Federation of BHEL Executives Association & Anr........... ................... Petitioners.

------------------------------------Versus

The Election Commission of India & Ors......................................Respondents

------------------------------------ORDER

This Writ Petition filed by the federation of the Bharat Heavy Electrical Limited (BHEL for short) is directed against the decision of the District Magistrate cum Returning Officer Hardwar, U.P. and District Magistrate cum Returning Officer, Saharanpur, U.P. who drafted employees of BHEL for Election Duties between 2.5.95 and 7.5.95, in disregard of this court's decision in Election Commission of India vs. State Bank of India Staff (1995 (Suppl.) (2) SCC 13). The two officers who are respondents 3 and 4 have filed their affidavits explaining the circumstances under which they took the decision to draft the employees of BHEL for Election Duty. The grievance of the petitioners is that the employees were drafted for Election Duty notwithstanding the protest. So far as the Election Commission of India-Respondent No. 1 is concerned the affidavit filed by the Principal Secretary, Election Commission of India, S.K. Mendiratta is to the effect that the Commission had not issued any instructions to respondents 3 and 4 to draft the employees of BHEL for election duty and that the decision in that behalf was taken by respondent Nos. 3 & 4 who had acted bonafide in the honest behalf that the said decision did not apply to the employees of BHEL source they were subject to the control of the President of India. Respondents 3 and 4 have in their affidavits pointed out that on account of a large number of employees belonging to essential services being exempted from Election duty by the Chief Electoral Officer of U.P. they were short of hands and, therefore, they were left with no option but to draft the BHEL employees for Election Duty to ensure the mandate of the Election Commission that the election should be free and fair. They have further stated that they did not realise that they had committed an infraction of this court's order in the afore-mentioned judgment and have tendered an unqualified apology.

It thus appears on what has been stated in the affidavit filled by the Respondents 3 and 4 that they were conscious of this court's decision in the afore-mentioned matter and yet they drafted the employees of BHEL for Election Duty as they were short of hands because of the exemption granted by the Chief electoral officer of U.P. to certain employees of Civil service from Election Duty. Even so they could have brought it to the notice of Chief Election Commissioner or the Chief Electoral Officer of U.P. but we cannot excuse their refusal to follow the ratio of this court's decision in the aforementioned case. However, we take note of the fact that they did not act in deliberate violation of the judgement of this court but were actuated by a desire to ensure that the election process is in no manner stultified for want of hands. We take notice of the fact that they have realised their mistake and have tendered an unqualified apology. However, we are keen to ensure that such violation should not take place in future and if that 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 the first lapse on the part of the Returning Officers we take a lenient view of the matter and admonish both the officers for their conduct in not following the ratio of this court's decision and warn 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 note to create a situation of the type with which these two officers were faced.

We these observations we dispose of this writ petition

New Delhi ------------------------------------------------......................

July 30, 1996 ------------------------------------------------(B.N. Kirpal)



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