Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Article 324 (6}- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950: Article 324 (6)-lnterpretation of-Election Commission-Requisition of staff for election duty-Expression 'Such staff', refers to staff which is under the control of President or Governor-Requisition of staff of State Bank of India held not permissible-Held Commission's power under Article 324 is not untrammelled.Representation of People Act, 1951: Section 26 and 159. Elections-Conduct of-Requisition of staff for duty-Held section 26 does not enable the commission to draft in the services of officers other than officers of Government and local authority.The District Election Officer-Cum-District Magistrate, Patna addressed a letter dated 22nd September, 1991 to the Chief General Manager, State Bank of India, Patna requisitioning the services of large number of officers and staff of the State Bank for appointment as Presiding Officer and Polling Officer for Mid-term Parliamentary Election and Assembly by-election, 1991. Further by its orders dated 30th October, 1991 and 1st November, 1991 he appointed and deputed some of the employees of the State Bank on election duty. The respondent-Bank Association filed a petition before the Patna High Court challenging these communications which quashed the orders on the ground that (i) the District Election Officer had no power under section 26 of the Representation of People Act, 1951 to requisition the services of employees of the State Bank of India for election duty; (ii) the State Bank of India was not a local authority within the meaning of section 159 of the 1951 Act. In the connected appeal also the High Court of Rajasthan quashed the order of the District Election Officer, Ajmer dated 8.8.89 by which he has requisitioned the services of the employees of Life Insurance Corporation of India, Ajmer for election duty. Against the decision of both the High Courts, Election Commission of India preferred appeals before this Court contending that under section 26 of 1951 Act, anyone could be appointed as Presiding Officer for polling station and not necessarily a Government servant or an employee of local authority.On behalf of the respondents, it was contended that merely because anyone could be appointed as Presiding Officer or Polling Officer does not necessarily lead to the conclusion that the services of any person even though not a government servant could be sought under Article 324(6) of the Constitution. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1995 INSC 101 |
Petitioner | Election Commission Of India |
Respondent | State Bank Of India Staff Association Local Head Office Unit, Patna And Ors. Etc. |
SCR | [1995] 1 S.C.R. 935 |
Judgement Date | 1995-02-07 |
Case Number | 6026 |
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