JUDGMENT

A.M. Ahmadi, CJI. - I—( Both these appeals can be disposed of by this common judgment as the question under consideration in both cases bears on the language of clause(6) of Article 324 of the Constitution of India.

2. The Election Commission of India is the appellant in both the appeals. Article 324 of the Constitution vests in the Election Commission the power of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State.

Clause (6) of Article 324 reads as under :

"The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1)"

3. Article 327 enables Parliament to make provision with respect to all matters relating to, or connected with, elections to either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.

4. In exercise of the power vested in the Parliament under these Articles it enacted the Representation of the People Act, 1950 and the Representation of the People Act, 1951 (hereinafter referred to as the 1950 and 1951 Acts, respectively). The 1950 Act provides for the allocation of seats and the delimitation of constituencies for the purpose of elections to the House of People and the Legislatures of the States, the qualifications of voters at such elections, the preparation of electoral rolls and the matters connected therewith. The 1951 Act provides for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections. Section 26 of 1951 Act enables a District Election Officer to appoint a Presiding Officer for each polling station. Section 159 of the said Act reads as follows :

"159. Staff of every local authority to be made available for election work. ( Every local authority in a State shall, when so requested by a Regional Commissioner appointed under clause (4) of Article 324 or the Chief Electoral 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."

5. From a concept is of the above provisions it seems clear to us that on the request of the Election Commission the President or the Governor of the State must make available to the Election Commission such Staff as may be necessary for the discharge of functions conferred on the Election Commission under clause (1) of Article 324. In view of clause (6) of Article 324 the President or the Governor of the State when requested will make available to the Election Commission the services of such staff as may be necessary for the discharge of the functions conferred on the Election Commission. By this, it is meant that the persons whose services may be placed at the disposal of the Election Commission must be persons who are either employees of the Central Government or of the State Government. Again in view of Section 159 extracted above when a requisition is made by the Regional Commissioner, the local authority shall make available its staff for the purpose of duties in connection with an election.

6. Thus far there is no dispute but the controversy arises in view of the action taken by the District Election Officer making the following requisition :

"OFFICE OF THE DISTRICT ELECTION OFFICER-cum-DISTRICT MAGISTRATE -

Ref: No. 522/Elec. Patna, the 22nd Sept. 91

ELECTION TOP PRIORITY

To

Chief General Manager

State Bank of India

Jajej Road, Patna

Sub : List of Officers & Staff for appointm