The Calcutta High Court on Tuesday stayed a recent single-judge order that had set aside the Election Commission of India’s (ECI) decision to appoint government college faculty as presiding officers for the upcoming West Bengal Assembly elections [The Election Commission of India & Ors. v. Rupa Banerjee Nee Samjpati].
A Division Bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta was examining the April 17 single-judge order which had quashed the deployment of assistant and associate professors.
The single-judge had held that the ECI failed to justify such appointments under its own guidelines.
However, the Division Bench observed that the earlier order, passed just days before polling, could create serious logistical difficulties. It noted that the Election Commission would not be able to quickly replace trained personnel or conduct fresh training in time.
"Moreover, we also find that five days prior to the scheduled date of election when the training was being imparted, the order was passed. The effect of the order impugned before us will result in a chaotic situation. The Election Commission will not be in a position to either requisition fresh persons to act as presiding officers and more importantly impart training to them," said the Court.
The single-judge order had held that the ECI did not produce any material to demonstrate “unavoidable circumstances” warranting the use of Group A equivalent officers, such as college professors, for polling duties. This, the single-judge had held, was contrary to the ECI's own 2010 circular requiring recorded reasons.
Challenging this, the ECI argued before the Division Bench that it is constitutionally empowered under Article 324 and statutorily authorised under the Representation of the People Act, 1951 to requisition staff, including from universities and government institutions, for election work.
The Bench, while not finally deciding the legality of the appointments, found prima facie merit in the Commission’s contention and stressed that the election process should not be disrupted.
Additionally, Division Bench addressed concerns about the status of teachers being assigned polling duties. It rejected the contention that such deployment undermined their position.
"The high position that a teacher holds in society and the respect which the teacher enjoys from each and every citizen has not been compromised in any way. It is a solemn duty of all citizen to serve in national interest and this solemn duty outweighs personal preference," the Court said.
The Court also rejected the argument that teachers should instead be appointed as observers or similar roles. It clarified that such positions are reserved for government officers with administrative experience and involve a distinct set of responsibilities across the election cycle.
The Division Bench further observed that the earlier judgment did not clearly spell out what alternative roles should be assigned to college teachers in line with their rank and pay.
"His Lordship also did not conclude what exactly would be the role of college teacher, which would commensurate with their rank. Under such circumstances, we stay the operation of the impugned judgment and order dated April 17, 2020 (2026)," the Bench ordered.
The Court also noted that the 2023 ECI circular appears to supersede earlier instructions, including the 2010 guideline relied upon by the petitioners.
While staying the order, the Bench clarified that the issues raised by the teachers’ association, including compliance with guidelines and recording of reasons, would be examined at the final hearing of the appeal.
Ultimately, the ECI was allowed to proceed with its existing deployment plan for presiding officers, ensuring that preparations for the West Bengal Assembly elections continue without interruption.
Senior Advocate Jishnu Chowdhury along with advocates Anamika Pandey, Sanskriti Agarwal, Rishika Pandey and Ghanshyam Pandey, appeared for the Election Commission of India.
Senior Advocate Abhratosh Majumder and advocates Subhasis Chakraborty, Aditya Mondal, S. Chakraborty and Sushmita Singh, appeared for the professors.
Advocates Biswaroop Bhattacharyya, Arkaprava Sen, Sayantan Kar and Deboleena Mukherjee represented an intervenor.
[Read Order]