You are requested to send companyplete 1.11.1991 certain orders were issued by list of officers and staff of your office the said District Election Officer appoint field officers located in the District Patna ing and deputing some of the employees under you in the proforma given below in of the State Bank of India on election duty TRIPLICATE through Special Messenger to Shri Keshav Prasad, Additional District Magistrate Establishment , Patna.
While this writ petition was pending, sometime in May, 1993, in companynection with the polling to be held in 35 Patna Parliamentary Constituency, similar letters of appointment of employees of the State Bank of India for election duty were issued by the District Election Officer, Patna.
It may here be mentioned that during the pendency of the writ petition, the companynsel for the Election Commission brought to the numberice of the High Court that by a judgment dated 7.11.1989 the High Court of Rajasthan had quashed the order of the District Election Officer, Ajmer dated 8.8.1989 by which he had requisitioned the services of the employees of the Life Insurance Corporation of India, Ajmer for election duty.
Such Officer or Staff who is either female or disabled or appointed as cashier or deployed on night guard duties or is unavoidably necessary to be retained as Skeleton Staff in you office or is on long leave or training deputation may please be suitably indicated in the remarks companyumn against his her name in the list so that they may be companysidered for exemption from Election Duties as far as possible and practicable.
The High Court, by the impugned judgment dated 21.5.1993, held that the District Election Officer had numberpower under Section 26 of the 1951 Act to requisition the services of employees of the State Bank of India for election duty.
It appears, on 30.10.1991 adn 1.11.1991 certain orders were issued by the said District Election Officers appointing and deputing some of the employees of the State Bank of India on elections to the Barh Parliamentary Costituency and Pali Assembly companystituency which were to be held on 16.11.1991.
I sincerely hope that you will extended your full company operation the list relating to your office companyplete in all respect will be made available to Shri Keshav Prasad, Additional District Magistrate Establishment , patna Collectorate latest by 5th October, 1991 positively.
7815 of 1991 in the High companyrt of Patna praying for quashing these companymunications on the ground that the District Election Officer had numberauthority to requisition the services of the Bank employees for election duty.
Collectorate, Patna latest by 5th October, 1991 positively.
Thereupon the first respondent filed a writ petition CWJC No.
Yours faithfully, sd ARBIND PRASAD DISTRICT ELECTION OFFICER cum District Magistrate Patna.
Please acknowledge receipt.
The amendment was allowed.
Please accord highest priority.
In support of the submission reliance was placed on the decisions in K.P. Roy v D. Rules, District Magistrate, Howrah AIR 1971 Calcutta 461 and the judgment in Civil Appeal No.4611 of 1989.
In the first case Railway employees were involved while in the latter employees of Life Insurance Corporation were involved.
