ECI Cannot Appoint Employees Of Cooperative Banks For Election Duty: Calcutta HC

The Calcutta High Court has ruled that employees of co-operative banks cannot be compelled to perform election duties, asserting that such institutions fall outside the purview of Section 159 of the RP Act.

The Court observed, "...in clear and unambiguous terms, that the Co-Operative bank for which the members of the petitioner no.1-Association work does not come within the purview of Section 159 of the RP Act and, consequentially, the employees of the said bank cannot be requisitioned or appointed within the powers exercised by the ECI either under Article 324 of the Constitution of India or under Section 159 of the RP Act for the conduct of elections."

While rejecting the Election Commission of India's (ECI) contention to requisition employees of two district cooperative banks for election duties, the Bench of Justice Sabyasachi Bhattacharyya remarked that the government's powers are not absolute unless specifically stipulated in the Constitution or any particular law.

The Bench has also held that the government of India does not possess unrestricted authority over every institution within the country's territory. "We do not operate in a totalitarian state and, as such, it cannot be held that the Government has blanket power over any and every institution or concern or undertaking operating under the Sun within the territory of India for any purpose whatsoever, unless so stipulated specifically in the Constitution or any specific law," the Court observed. 

The case pertained to Writ Petitions filed by employees of Malda District Central Cooperative Bank and Mugberia Central Cooperative Bank, challenging the ECI's decision to enlist them for poll duties during the ongoing Lok Sabha elections.

The Court emphasized that Section 159 of the Representation of the People Act authorizes the ECI to requisition public servants for election duties, specifically those employed in institutions established under Central or State Acts, or those controlled and funded by the government. However, the Court underscored that Article 324 of the Constitution, while empowering the ECI to request staff assistance from the state Governor, lacks clarity regarding the nature of employees and institutions eligible for requisition.

The Court stated that the cooperative banks in question were merely registered under the West Bengal Cooperative Societies Act, 2006, without direct financial or administrative ties to the government. "The bank cannot be said to be one controlled, partially or wholly, or financed by any Government," it remarked. 

The Court directed relevant authorities to ensure that these employees are not requisitioned for future election duties. However, it refrained from withdrawing current election assignments to avoid disruption to the ongoing parliamentary elections.

"The above observations shall be given effect to only from the next elections. Insofar as the present ongoing election process is concerned, the requisitions/appointments of the members of the petitionerAssociation shall be deemed to be valid, in order to ensure that the ongoing Parliamentary Elections are not affected," the Court ordered.

Cause Title: Malda District Central Cooperative Bank Employees Association and others v. The Election Commission of India and others

Appearance:-

Petitioner: Advocates Abhimanyu Banerjee, Arnab Saha, Kamal Krishna Pathak, Rimpy Mukherjee, Narayan Nayak

Respondent: Advocates Amarendra Chakraborty, Debashis Sarkar, Madan Mohan Roy, Haripada Nayak, Narayan Nayak, Joydip Kar, Anuran Samanta

Click here to read/download the Judgment