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2014 DIGILAW 3068 (ALL)

Kapil Kumar Sharma v. State of U. P.

2014-10-07

D.Y.CHANDRACHUD, P.K.S.BAGHEL

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JUDGMENT Pradeep Kumar Singh Baghel, J. The special appeal arises from a judgment and order of the learned Single Judge dated 10 September 2014. 2. The appellants, who are employees of the Meerut Development Authority, Meerut, had sought a writ of mandamus to the effect that they should not be detailed for any additional duties other than election duties and duties relating to relief work during natural calamities. 3. The essence of the grievance, however, was that the petitioners were aggrieved by a communication dated 07 August 2014, by which the services of certain employees were required to be spared for the purpose of the electoral exercise including for the completion of the electoral roll commencing from August 2014. This was for the purpose of the elections, which are to be held to the Vidhan Sabha. The learned Single Judge has, in our view, correctly adverted to the provisions of Article 324 (6) of the Constitution, which inter alia provides that the Governor of a State shall, when requested by the Election Commission, make available to it such staff as may be necessary for the discharge of the functions conferred on the Election Commission by Clause (1) of the Article. Apart from this, Section 159 of the Representation of People Act, 1951 imposes an obligation inter alia upon a local authority, when so requested by the Chief Electoral Officer, to make available to any returning officer such staff as may be necessary for the performance of any duties in connection with the election. There is, thus, both constitutional as well as statutory power. 4. Reliance is sought to be placed on a letter dated 21 August 2014 by the Vice Chairperson of Meerut Development Authority to the District Collector, Meerut (annexure-8 to the writ petition). In fact, this letter specifically seeks that sympathetic consideration may be made on the request of the employees not to be assigned to duties other than for election purposes and for work relating to natural calamities. This letter has been addressed to the District Collector, Meerut. The order of the learned Single Judge suffers from no error. Hence, no reason for interference by this Court is warranted. The appeal is, accordingly, dismissed. There shall be no order as to costs.