The Calcutta High Court has delivered a significant ruling protecting the autonomy of cooperative institutions. Justice Krishna Rao quashed an Election Commission directive that sought employee data from a cooperative bank for election duties.
Court Rejects EC's Staff Data Request
Justice Krishna Rao heard a petition filed by employees of Balageria Central Cooperative Bank Limited. The bank staff challenged the Election Commission's September 19, 2025 directive requiring them to upload employee details to the EC's official portal.
The court's January 7 order clearly stated: "The notice issued by the EC dated September 19, 2025, directing to upload the details of the employees of the cooperative banks including the petitioners on the portal emms.wb.gov.in is set aside and quashed."
Why Cooperative Banks Are Different
The court emphasized that cooperative banks operate as autonomous private organizations. These institutions are governed by their own by-laws and managed by elected boards. They maintain complete independence from government control.
Key findings from the judgment include:
- The cooperative sector does not fall within categories required to provide staff for elections under existing laws
- Balageria Central Cooperative Bank Limited is registered as a cooperative body
- The bank operates independently without state ownership or control
- Employee salaries and benefits come exclusively from bank funds, not government budgets
Legal Basis for the Decision
The petitioners' legal team presented compelling arguments about the bank's autonomous status. Advocates Sauradeep Dutta, Madan Mohan Ray, and Himadree Ghosh represented the bank employees effectively.
They demonstrated that the bank functions as a cooperative society governed strictly by its own bye-laws. No government officer exercises administrative or disciplinary control over the bank's affairs or employees.
Constitutional and Statutory Provisions
The court examined several legal provisions:
- Article 324(6) of the Constitution - This mandates the President or Governors to provide election staff, but applies only to staff under government control
- Section 26 of the Representation of the People Act - This pertains to appointing presiding officers for polling stations
- Section 159 of the same Act - This empowers the EC to request staff from government authorities
The court found that none of these provisions apply to autonomous cooperative institutions. The cooperative bank does not qualify as a government department, public authority, or government-controlled body.
Election Commission's Position
Senior advocate Soumya Mazumdar represented the Election Commission along with advocates Anamika Pandey and Ghanshyam Pandey. They argued that Article 324 grants the EC broad powers to ensure free and fair elections.
The EC maintained that preparing a comprehensive personnel database falls within its authority. Given the magnitude of election operations, the commission needs adequate manpower from various institutions.
Background of the Case
The dispute originated from communication by the district election officer of Medinipur East. This official directed the cooperative bank to provide employee details for the 2026 West Bengal assembly elections.
Bank employees approached the high court asserting they cannot be summoned for election-related work. They argued that the EC's directive represented unlawful control over an autonomous institution.
The court's decision reinforces the distinct legal status of cooperative organizations in India. It clarifies that autonomous cooperative bodies remain outside the scope of election staff requisition powers.
