Calcutta High Court Strikes Down Election Commission's Requisition of Assistant Professors for Poll Duty
The Calcutta High Court delivered a significant ruling on Friday, quashing the Election Commission's initiative to requisition assistant professors from state colleges for the role of presiding officers at polling stations across West Bengal. The court strongly criticized the poll panel for failing to provide any substantive material to justify why the deployment of these academic professionals was unavoidable.
Court's Critique of Election Commission's Justification
Justice Krishna Rao, presiding over the case, noted that despite being granted multiple opportunities, the Election Commission could not produce any documentation to demonstrate the unavoidable circumstances that necessitated the appointment of assistant professors as presiding officers. This lack of evidence formed the core of the court's decision to invalidate the EC's move.
Important Exception to the Ruling
The court's order includes a specific exemption: it will not apply to assistant professors who have already completed their training and have explicitly expressed willingness to participate in the polling duties. This nuanced approach ensures that those who voluntarily engaged are not penalized.
Background and Legal Arguments
During the proceedings, the Election Commission's counsel outlined the logistical challenges, stating that with 90,000 polling booths in the state, there is a requirement for 180,000 to 190,000 presiding officers to be prepared. The duty assignments were issued on March 19, and the legal challenge was filed on April 8.
Representing the petitioners, senior advocate Bikash Ranjan Bhattacharya argued that the Election Commission's own circular from February 16, 2010, explicitly prohibits the drafting of Group A equivalent senior officers, including teaching staff from universities and colleges, for polling duties. The circular mandates that such appointments can only be made if specific reasons are recorded in writing by the District Election Officer (DEO) when the situation becomes unavoidable.
Key Points from the Court's Decision:
- The Election Commission failed to justify the necessity of deploying assistant professors.
- The ruling upholds the protection of academic staff from mandatory poll duties without proper cause.
- Assistant professors who have trained and consented are exempt from the quashing order.
- The decision reinforces adherence to the EC's 2010 circular regarding the appointment of senior officers for election duties.
This ruling highlights the judiciary's role in ensuring that election-related decisions are backed by transparent and documented justifications, particularly when they impact professionals in critical sectors like education.
