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1996 DIGILAW 1235 (SC)

Federation of B. H. E. L. Exctv. Asscn. v. Election Commission of India

1996-07-12

A.M.AHMADI, K.S.PARIPOORNAN

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JUDGMENT : Article 324(6) clearly states that the President, or the Governor of a State, shall when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (l). The affidavit filed on behalf of the Election Commission is clearly to the effect that the Election Commission had not made any request or issued instructions for requisitioning the services of the staff of BHEL, for election duty. The next grievance of the learned counsel for the petitioners is that respondents 3 and 4 had acted in contravention of this Court's judgment in Election Commission of India v. S.B.I. Staff Assn. Local Head Office Unit, Patna & Ors., etc. - 1995 Supp. (2) SCC 13. In view of the affidavit filed on behalf of the Election Commission it prima facie appears that the respondents 3 and 4 acted on their own without any request having been made by the Election Commission Let respondents 3 and I it present in this Court on the next hearing, i.e., 30th July, 1996. Counsel respondents 3 and 4 has been so intimated.