State Bank of India Officers Association v. State Election Commission
2005-02-08
body2005
DigiLaw.ai
ORDER 1. Heard learned counsel for the petitioner and learned counsel for the Election Commission. 2. The petitioner State Bank of India Officers Association is before this Court with a grievance that the Election officers appointed by the Election Commission without observing the guidelines issued by the Secretariat of the Election Commission of India in its letter No. 3/1/98 J.S. II/dated 11.8.1998 are issuing directions to the Bank Officers. Employees and such other persons working in the Bank to attend the election procedure meetings, which is hampering the work of the Bank and is virtually leading to a closure of the business of the Bank. The submission is that in accordance with Annexure-1 the services of the Bank employees can be requisitioned in deployment on election duties but according to the guidelines the bank employees may be drafted on election duty to the minimum extent possible, only in a constituency where sufficient number of Government employees are not available and/or in emergent circumstances such as strikes etc. by the Government employees. The submission is that violating paragraph 4 of the guidelines the Election Officers are issuing indiscreet order and are requring the whole staff of the Bank to attend the training camps. The further submission is that the employees of the Bank are not deputed in the same area where the Bank's branch is situated but are being posted at different places which further results into disruption of the Bank work because employees have to leave atleast two days before and return after two days the elections are over and in this manner the Bank's adversely suffer for 5-7 days. 3. Learned counsel for the Election Commission on the other hand submitted that if such a complaint was brought to the notice of the Election Commission then Election Commission could have issued further directions. According to them unless it is reported that the guidelines are being violated it may not be possible for the Election Commission to examine each and every case. 4. Learned counsel for the petitioner on the other hand submitted that these grievances have been brought to the notice of the Election Commission but no steps have been taken by the Election Commission to redress the grievances of the petitioner. 5. After hearing the parties I am of the considered opinion that paragraph 4 of the guidelines dated 11.8.1998 (Annexure1) can not be violated by anybody.
5. After hearing the parties I am of the considered opinion that paragraph 4 of the guidelines dated 11.8.1998 (Annexure1) can not be violated by anybody. When the Election Commission issues the guidelines then the Election Commission itself and every officer appointed by it is obliged to observe the guidelines. According to the guidelines the bank employees may be drafted on election duty to the minimum extent possible, only in a constituency where sufficient number of Government employees are not available and/or in emergent circumstances such as strikes etc. by the Government employees. It is expected of the Election Officers/Returning Officer that before they issue indiscreet order requring all the employees of the Bank to attend the training camps he would apply his mind to the requirement of the guidelines as contained in paragraph 4. 6. The petitioner is allowed to make an application to the Election Commission bringing its grievances to their notice. If such an application is filed by the petitioners to the Chief Electoral Officer, Bihar i.e. the respondent No.2 then within 48 hours of submission of the application the Chief Electoral Officer shall pass necessary orders in the said matter. I hope and trust that the Chief Electoral Officer would not be swayed away by the feelings but would see that the guidelines which has been issued by them are respected by all concerned. Copy of the order be supplied to both sides.