Judgment 1. The petitioner is a registered association of the officers of the State Bank of India. It has approached this Court for quashing the order dated 24.9.2004, Annexure-3, passed by respondent no. 3, the District Election Officer/District Magistrate, Madhepura, whereby he appointed 102 officers and staff of the State Bank of India, Patna as Presiding Officers for 21-Madhepura Parliamentary Constituency Bye-election 2004. 2. The case of the petitioner is that there was no requisition for the services of the officers and staff of the State Bank of India in the light of Section 159 of the Representation of People Act, 1951 and unless there is a legal and valid requisition, as required under the aforesaid provision, the employees of the Bank cannot be posted as Presiding Officer for the election, 3. A counter affidavit has been filed on behalf of the respondents wherein stand has been taken that requisition has been made by the Chief Electrol Officer, Bihar, Annexure-B to the counter affidavit pursuant to the direction of the Election Commission of India, Annexure-A and it was further clarified by the Election Commission of India vide letter, Annexure-C. According to the respondents the requisition/ appointment of the Officers of the Bank as Presiding Officer is valid in law. 4. The petitioner in this case has not disputed the power of the Commission/ the Chief Electrol Officer in respect of requisition of services of the officers/staff of the State Bank of India, rather it has admitted that the Election Commission/ Chief Electrol Officer has power to requisition the services of the officers/staff of the State Bank of India for conducting the election/bye-election. The petitioner simply raised question that in the instant case, there is no legal and valid requisition of the services of the officers/staff of the State Bank of India as required under the law. Thus, the question arises for determination iswhether there is any valid requisition issued by the competent authority for the services of the officers/staff of the State Bank of tndia? In this regard it would be pertinent to consider the relevant provision of the Representation of People Act, 1951. Section 159 of the said Act is relevant for this purpose which reads as follows: "159. Staff of certain authorities to be made available for election work. In this regard it would be pertinent to consider the relevant provision of the Representation of People Act, 1951. Section 159 of the said Act is relevant for this purpose which reads as follows: "159. Staff of certain authorities to be made available for election work. (1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of Article 324 or the Chief Electrol Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. (2) The following shall be the authorities for the purposes of sub-section (1) namely: (i) every local authority; (ii) every University established or incorporated by or under a Central, Provincial or State Act; (iii) a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); (iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government. It is evident from the aforesaid provision that the Regional Commissioner appointed under Clause (4) of Article 324 of the Constitution of India or the Chief Electrol Officer of the State is the competent authority for requisitioning the services of the Officers/staff for performing any duty in connection with the election. Sub-section (2) of Section 159 of the said Act deals with the officers/staff of the Institutions. Clause (iv) of sub-section (2) of Section 159 of the Act says about officers of any other institution, concern or undertaking which is established by or under the Central, Provincial or State Act or which is controlled or financed wholly or substantially by funds provided, directly or indirectly by the Central Government or a State Government. Therefore, it is evident that services of the Officers/staff of the State Bank of India can be requisitioned for conducting the election/bye-election provided there is legal and valid requisition. Counsel for the parties also admitted thelegal position as indicated above. 5. In the aforesaid background, now l proceed to examined the materials on record. The bye-election of Madhepura Parliamentary Constituency is going to be held on 13th of October, 2004. Counsel for the parties also admitted thelegal position as indicated above. 5. In the aforesaid background, now l proceed to examined the materials on record. The bye-election of Madhepura Parliamentary Constituency is going to be held on 13th of October, 2004. The Election Commission of India issued letter dated 18.9.2004, Annexure-A to the counter affidavit to the Chief Electrol Officer, Bihar, Patna, wherefrom it appears that the Election Commission of India desired that the Presiding Officers of all the Polling Parties must be officers of the Central Government. Pursuant to the said letter, Annexure- A, the Chief Electrol Officer, Bihar, Patna issued letter dated 22nd September, 2004, Annexure-B to the counter affidavit mentioning therein that in the light of the direction of the Election Commission of India, the employees of the Central Government are to be appointed as Presiding Officer and as such, issued direction to the District Election Officer/District Magistrate, Patna to prepare a list of the employees of the Central Government and make it available to the District Electrol Officer, Madhepura for their posting as Presiding Officers. Annexure-C is the letter of clarification of Annexure-A by the Election Commission of India wherein it has been stated that intention of the Commission was to deploy employee other than that of the State Government of Bihar and its local authorities. Employees of other organisa- Jons/Institution mentioned in Section 159 of the Representation of People Act, 1951, may be appointed as Presiding Officers for the Madhepura bye-election. However, from Annexure-B, the letter of Chief Electrol Officer, Bihar, Patna it is evident that pursuant to the letter of the Election Commission of India, Annexure-A, the Chief Electro! Officer, Bihar, Patna issued notification Mentioning therein that the employees of the Central Government are to be appointed as Presiding Officers and accordingly, issued direction to the District Election Officer/District Magistrate, Patna to prepare a list of the employees of the Central Government and make it available to the District Election Officer, Madhepura for their posting as Presiding Officers. In the letter, Annexure-B there is no mention about the requisition of the officers/staff of the State Bank of India for conducting the election of 21-Madhepura Parliamentary Constituency bye-election 2004. In the letter, Annexure-B there is no mention about the requisition of the officers/staff of the State Bank of India for conducting the election of 21-Madhepura Parliamentary Constituency bye-election 2004. Annexure-C is letter of clarification of Annexure-A in which the intention of the Commission has been expressed but there must be a legal and valid requisition for taking the services of the officers/staff of the institution mentioned in sub-section (2) of Section 159 of the Representation of People Act. in the case in hand it is thus, obvious that there is no legal and valid requisition of the services of the officers/staff of the State Bank of India. 6. In the case of Election Commission of India vs. State Bank of India, Patna & Ors., AIR 1995 SC 1078 :1995(2) PLJR (SC)43, the services of the officers/staff of the State Bank of India were requisitioned for conducting the election. The requisition was challenged before the High Court in writ petition and the High Court held that the State Bank of India is not a local authority within the meaning of Section 159 of the Representation of People Act and accordingly, quashed the order of requisition- and issued a writ in the nature of mandamus commanding the Election Commission of India not to requisition the services of the employees of the State Bank of India. The Apex Court upheld the decision of the High Court and held that under Section 159 of the Representation of People Act, 1951 only on requisition from the Regional Commissioner or the Chief Electrol Officer of the State, the local authorities of the State shall make available to any Returning Officer such staff as may be necessary to carry out the duties in connection with an election. Therefore, it is evident that requisition of the services of Officers/staff of any institution mentioned in sub-section (2) of Section 159 of the Representation of People Act, can oniy be made by the Regional Commissioner or the Chief Electrol Officer of the State. 7. In the instant case as discussed above, it is evident that no valid requisition of services of the officers/staff of the State Bank of India, Patna was made by the Chief Electrol Officer rather it appears from Annexure-B that services of the Central Government employees were requisitioned for conducting the 21-Madhepura Parliamentary Constituency bye election 2004. 7. In the instant case as discussed above, it is evident that no valid requisition of services of the officers/staff of the State Bank of India, Patna was made by the Chief Electrol Officer rather it appears from Annexure-B that services of the Central Government employees were requisitioned for conducting the 21-Madhepura Parliamentary Constituency bye election 2004. Thus, on consideration, as discussed above, it is held that no legal and valid requisition of the services of the Officers/staff of the State Bank of India, Patna has been made by the Chief Electrol Officer, Bihar, Patna for conducting 21-Madhepura Parliamentary Constituency bye-election 2004 and as such Annexure-3 cannot be held legal. Accordingly, pursuant to Ahnexure-3 the officers/staff of the State EJank of India, Patna cannot be appointed/posted as Presiding Officers for conducting the aforesaid election. 8. It is however, made clear that the Chief Electrol Officer, Bihar Patna is at liberty to issue legal and valid requisition for the services of the offices/staff of the State Bank of India for conducting the 21-Madhepura Parliamentary Constituency bye-election 2004. 9. The writ petition is thus disposed of with the directions/observations indicated above. 10. Learned counsel for the intervenor however, seeks permission to withdraw the intervention petition (i.A. No. 5086/2003) in view of this order. Accordingly, he is allowed to withdraw the same.