The Allahabad High Court has stayed the order issued by the Kanpur Municipal Corporation (KMC) on May 5, 2026, which requisitioned employees of the Life Insurance Corporation (LIC) for census duty in connection with Census 2027. The decision came during the hearing of a special appeal filed by the North Central Zone Insurance Employees’ Federation.
Court's Observation on Section 7(c) of Census Act
A division bench comprising Justice Salil Kumar Rai and Justice Swarupama Chaturvedi observed that a reading of Section 7(c) of the Census Act, 1948, indicates that while the state government, through an authorized officer, may requisition staff from any establishment, firm, or factory for census operations, such requisition is limited to census operations within the premises of that establishment and cannot extend to duties outside the premises. The court stated, “Therefore, the order dated May 5, 2026, prima facie is not within the parameters laid down under Section 7(c) of the Census Act, 1948.”
Background of the Case
The employees’ federation challenged a single-judge order dated May 29, 2026, which had dismissed their writ petition on the ground that the petitioner had not specifically challenged the order requisitioning LIC employees for census duty. During the proceedings, counsel for the petitioner, Vikrant Pandey, argued that LIC employees do not fall within the purview of “other authorities” as per the Act, and therefore cannot be called for census duty outside their workplace.
Arguments by Government and LIC
Additional Solicitor General of India (ASGI) Shashi Prakash Singh, representing the central government, and Chief Standing Counsel Manoj Kumar Singh, representing the Uttar Pradesh government, contended that since census operations are of national importance, no interim order should be passed. Advocate Ashish Mishra appeared on behalf of LIC. However, the high court termed these submissions as “not acceptable,” stating, “The legality of an order of any state authority is not dependent merely on the purpose of the order but also on whether the order complies with the statutory requirements. We have already noted that, prima facie we find the order bad in law.”
Key Findings and Next Hearing
The court noted that the Kanpur Nagar Nigam had no jurisdiction to requisition LIC employees under Section 4 of the Census Act, 1948. It further added that the order was contrary to a division bench judgment dated March 4, 2011, passed by the high court. The court concluded that the special appeal required a detailed hearing and listed the case for final hearing on July 6, 2026, before the appropriate bench.
