Court Upholds Validity of 2010 Circular, Sets Aside Election Commission's Decision for Non-Compliance
In a significant ruling, the Calcutta High Court has annulled the appointment of Assistant Professors and Associate Professors as Presiding Officers in the forthcoming West Bengal Legislative Assembly elections, scheduled for April 23 and April 29, 2026. The judgment was delivered by Justice Krishna Rao in response to a writ petition filed by Rupa Banerjee Nee Samjpati, challenging the Election Commission of India's decision.
The petitioners, serving as Assistant Professors in various government colleges, contended that their appointments as Presiding Officers violated a circular dated February 16, 2010. This circular stipulates that Group A equivalent senior officers, including university teaching staff, should not be assigned polling duties without specific reasons recorded by the District Election Officer. The petitioners argued that their pay levels were not appropriately considered in their appointments.
Despite multiple hearings, the Election Commission failed to present documents justifying unavoidable circumstances for such appointments, leading the court to quash the decision. The respondents had argued that a circular dated June 7, 2023, superseded the earlier guidelines, but the court found no explicit mention of supersession in the recent circular, thereby upholding the validity of the 2010 directive.
Justice Rao emphasized that authorities did not demonstrate any unavoidable circumstances necessitating the appointment of professors as Presiding Officers, thereby violating established procedural guidelines. The court further clarified that members of the petitioners' society who have already undergone training and expressed willingness to perform election duties commensurate with their rank and salary could proceed with their appointments.
The decision underscores the importance of adhering to procedural norms and respecting the professional hierarchy in election duty assignments. It also highlights the court's role in safeguarding such processes against arbitrary administrative actions.
Bottom Line:
Appointment of Assistant Professors/Associate Professors as Presiding Officers in polling booths without adhering to the guidelines and circulars issued by the Election Commission of India is quashed due to non-compliance with procedural requirements and lack of justification for unavoidable circumstances.
Statutory provision(s): Circular dated 16/17th February 2010, Circular dated June 7, 2023
Rupa Banerjee Nee Samjpati v. Election Commission of India, (Calcutta) : Law Finder Doc id # 2884758
