LexELECTION COMMISSION OF INDIA versus STATE BANK OF INDIA STAFF ASSOCIATION LOCAL HEAD OFFICE UNIT, PATNA AND ORS. ETC.
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f ' ELECTION COMMISSION OF INDIA v. STATE BANK OF INDIA STAFF ASSOCIATION LOCAL HEAD OFFICE UNIT, PATNA AND ORS. ETC. FEBRUARY 7, 1995 (A.H. AMHADI, CJ, S. MOHAN AND N.P. SINGH, JJ.] A B "'~ Constitution of India, 1950: Article 324 (6}-lnterpretation of-Election Commission-Requisition of staff for election duty-Expression 'Such staff C 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. Elec- tions-Conduct of-Requisition of staff for duty-Held section 26 does not D 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 ad- dressed a letter dated 22nd September, 1991 to the Chief General Manager, State Bank of India, Patna requisitioning the services of large number of E · officers and staff of the State Bank fol'. 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 F 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 G the meaning of section 159 of the 1951 Act. ID. the connected appeal also the High Court of Rajasthan quashed the order of the District Election , .J,· 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 H 935 936 SUPREME COURT REPORTS [1995] 1 S.C.R. A 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 B 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. Dismissing the appeals and upholding the impugned judgments of C the High Court, this Court HELD : 1. The impugned communications issued by the Distrkt Election Officer-cum-District Magistrate, Patna have been rightly quashed by the High Court of Patna. The High Court of Rajasthan was also right in quashing the order of the District Election Officer, Ajmer dated D 8.8.1989. [946-GJ 2. Clause (6) of Article 324 empowers the Election Commission to request the President, or the Governor of the concerned State to make available such staff as may be necessary for it to carry out its duty under clause (1). Obviously 'such starr can only mean that staff which is under E the control of the President or the concerned Governor and not any staff over which they do not exercise control. It could mean only that staff on which the President or the Governor, as the case may be, would be in a · position to exercise disciplinary powers should they refuse the President's or Governor's directive. Although the Constitution makers did not say the F Union or the State Government but only the President or the Governor, it is obvious they would have to act consistently with Articles 74(1) and 163(1) respectively. Therefore, on a request by the Election Commission t.he services of those Government servants who are appointed to public services and posts under the Central or State Government can be made G available for the purpose of election. [944-C, G, H, 945-A] 3. Article 324 does not enable the Election Commission to exercise untrammelled powers. The Election Commission must trace its power either to the Constitution or the law made under Article 327 or Article 328. Otherwise it would become an imperium in imperio which no o
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