JUDGMENT 1. - This writ petition has been filed by petitioner - Rajasthan Pradesh Bank Employees Union, which is a registered trade union under the Trade Union Act and has been authorised to look after the interest and general affairs of the employees of the banks situated in Rajasthan. In this writ petition challenge is made to the action of the respondents in requisitioning the services of the bank employees of different nationalised banks situated in Rajasthan, for the purpose of election duty in ensuing assembly elections. 2. Contention of learned counsel for petitioner is that the action of the respondents is contrary to the judgment of the Supreme Court in Election Commission of India v. State Bank of India Staff Association Local Head Office, AIR 1995 SC 1078 . 3. Learned counsel for the respondents has submitted that subsequent to the aforesaid judgment, Section 159 was inserted by way of amendment in the Representation of the People Act, 1951 so as to cover (1) every local authority; (2) every university established by a Central Provincial or State Act, and (3) any other institution, concern or undertaking (not being an institution, a concern or an undertaking established under a Central, Provincial or State Act or a company within the meaning of section 617 of the Companies Act, 1956) controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government. 4. Learned counsel for petitioner, however, submitted that Circular of the Election Commission is contrary to what is being contended by their counsel before this court. It is argued that if the respondents want to avail the services of the staff members of the banks, they should approach the Head Offices of the respective Bank so that staff members may be spared proportionately from different branches of the Head Office and the working of the Branches/Head Office does not come to standstill. 5. Considering that the present election of the Legislative Assembly is to be convened on 1st December, 2013 i.e. day after tomorrow, and as admitted by the learned counsel for the parties, the staff has already been deputed and they have proceeded to their respective duties, it is not deemed appropriate to make any interference at this stage. 5. Considering that the present election of the Legislative Assembly is to be convened on 1st December, 2013 i.e. day after tomorrow, and as admitted by the learned counsel for the parties, the staff has already been deputed and they have proceeded to their respective duties, it is not deemed appropriate to make any interference at this stage. However, the petitioner would be at liberty to make a representation to the State Election Commissioner, along-with a copy of this order in this regard, who shall, before deputing the services of the staff members of the nationalised banks situated in the State of Rajasthan, pass appropriate order before ensuing Parliamentary election keeping in view the judgment of the Supreme Court, Section 159, supra, and aforesaid Circular as well as the contention of the learned counsel for petitioner, within two months from the date such representation is made before him. 6. With that liberty and direction, the writ petition is disposed of. This also disposes of the stay application.Writ Petition Disposed of as above. *******