CALCUTTA HIGH COURT STAYS ORDER BARRING COLLEGE FACULTY FROM POLL DUTY

KOLKATA – In a significant boost to the Election Commission of India (ECI), a Division Bench of the Calcutta High Court has stayed a single-judge order that previously quashed the appointment of government college faculty as presiding officers for the upcoming West Bengal Assembly elections.

The Legal Dispute
The matter reached the Division Bench after a single-judge ruled on April 17 that the ECI had failed to justify the deployment of assistant and associate professors. The earlier ruling suggested that the ECI had not demonstrated "unavoidable circumstances" to warrant using Group A equivalent officers for polling duties, citing a 2010 internal circular.

"National Interest Outweighs Personal Preference"
The Division Bench, comprising Justice Shampa Sarkar and Justice Ajay Kumar Gupta, observed that disrupting the deployment just days before the scheduled polling would lead to a "chaotic situation."
The Court highlighted several key factors in its decision:

• Logistical Constraints: With training already underway, the ECI would be unable to find and train replacement personnel in time for the vote
• Constitutional Mandate: The Bench noted the ECI’s broad powers under Article 324 and the Representation of the People Act, 1951, which allow for the requisition of staff from various government-aided institutions.
• Professional Standing: The Court dismissed concerns that poll duty lowered the dignity of teachers, stating that the "solemn duty" of serving the nation outweighs individual rank or preference.

Future Outlook
While the ECI is now cleared to proceed with its current deployment plan to ensure the elections are held without interruption, the High Court clarified that the legal arguments regarding compliance with ECI guidelines would be examined in depth during a final hearing.

The Court also noted that a 2023 ECI circular appears to supersede older guidelines, potentially altering the legal requirements for staff requisitioning in modern election cycles.

Discription: The Calcutta High Court has stayed a single-judge order that quashed the Election Commission of India’s (ECI) decision to appoint government college faculty as presiding officers for the West Bengal elections. A Division Bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta observed that halting the deployment days before polling would create logistical chaos and impede the training of personnel. The Court emphasized that serving in the national interest is a solemn duty that does not diminish the professional dignity of teachers. While the ECI is permitted to proceed with its current staffing plan under Article 324, the High Court will further examine the statutory compliance of these appointments during final hearings.