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Calcutta HC Clears Path for College Teachers as Poll Chiefs, Stays Disruptive Last-Minute Order
In a timely intervention just days before the West Bengal Legislative Assembly Elections 2026, a Division Bench of the —Justices Shampa Sarkar and Ajay Kumar Gupta—stayed a single-judge order that had quashed the Election Commission of India's (ECI) appointments of government college teachers as presiding officers. The bench emphasized constitutional mandates under and practical realities, ensuring smooth polling amid ongoing training.
From Classroom to Polling Booth: The Spark of Protest
The saga began when Rupa Banerjee Nee Samjpati, President of the , filed WPA 9020 of 2026. Representing principals, teachers, and librarians (WBES/WBGS cadres), the petition challenged their requisition as presiding officers at polling stations. They argued violations of ECI's Circular, which bars drafting Group-A equivalent senior officers like college faculty without recorded "."
The single judge, in an order, sided with the teachers, freeing ECI to appoint them per rank and salary under the guidelines but implying scrutiny for reasons. Aggrieved, ECI—along with the Chief Election Commissioner and —appealed via MAT 719 of 2026, leading to the Division Bench's hearing.
ECI's Arsenal: Constitution, Statutes, and Logistics
ECI's counsel, led by , invoked 's sweeping superintendence over elections, bolstered by , allowing staff requisitions from universities and state-controlled institutions. They clarified observers must be government officers (), disqualifying college teachers for those roles.
Highlighting handbooks, ECI distinguished duties: presiding officers oversee polling stations on poll day (), independent of sector officers (mere interfaces) or observers (election-long monitors). The ECI Circular supersedes prior instructions, they argued, prioritizing national duty over preferences. Crucially, with training underway and polls imminent, upending appointments would spell chaos—no time for fresh requisitions or drills.
Teachers Push Back: Rank, Reasons, and Rejected Preferences
Respondent's countered that ECI ignored guidelines mandating manpower audits, reasons for bypassing lower-rank staff, and pay-matrix hierarchies. College teachers, on scales akin to Group-A, shouldn't subordinate to clerks or stenographers as sector officers, nor be sidelined from observer/micro-observer roles they sought via representations (dated ).
They decried show-cause notices for training no-shows and arbitrary drafting without proving shortages. Citing / Circulars, they urged uniform state criteria for assignments commensurate with status. Intervener echoed these, but the bench deferred his show-cause challenge to the writ court.
Untangling Roles: No Hierarchy, No Overlap, Just Duty
The bench dissected handbooks meticulously. Presiding officers command polling stations—conducting mock polls, sealing EVMs, maintaining order ()—on a single critical day. Observers, government officers only, span the entire process: nominations to counting, interfacing with machinery and parties, wielding powers like halting counts (Section 20B). Sector officers supply materials, not supervise.
Dismissing subordination claims, the court noted: no evidence teachers reported to juniors; roles are distinct, not overlapping. The Circular explicitly supersedes , rendering single-judge reliance outdated. Precedents like Election Commission of India v. State Bank of India Staff Association () were inapplicable post-Section 159 amendments.
(6)
and Section 159 empower ECI's requisitions from state colleges, a "
" trumping personal grievances.
"Each citizen has a duty to render service in national interest,"
the bench affirmed, outweighing preferences.
Key Observations
"We do not find any overlapping of duties. The high position that a teacher holds in society... has not been compromised in any way. It is a of all citizen to serve in national interest and this outweighs personal preference."(Para 27)
"Such contention is not tenable in law, as the observer has to be an officer of the government."(Para 15)
"The presiding officer is in overall charge of the polling station... The position of a sector officer is not superior to the presiding officer."(Para 20)
"The effect of the order impugned before us will result in a chaotic situation. The Election Commission will not be in a position to either requisition fresh persons... and more importantly impart training to them."(Para 40)
Polls Protected: Stay Granted, Road Ahead Clear
"Under such circumstances, we stay the operation of the
dated
, passed in WPA 9020 of 2026,"
the bench ruled on
. Connected applications were disposed, with paper books due in six weeks.
This pragmatic stay averts pre-poll disarray, as news reports echoed: replacing trained personnel days before voting was logistically impossible. Future cases may see stricter handbook adherence, but ECI's broad powers under remain robust, balancing teacher dignity with democratic imperatives.
