2026 Supreme(Cal) 167

IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR, AJAY KUMAR GUPTA, JJ.
The Election Commission of India & Ors. – Appellant
Versus 
Rupa Banerjee Nee Samjpati – Respondent 
M.A.T. 719 of 2026, IA No : CAN 1 of 2026 CAN 2 of 2026 
Decided On : 21-04-2026

The electoral commission has the constitutional and statutory authority to requisition academic staff for election duties including as presiding officers. Such administrative assignments, being essential for the conduct of free and fair elections, do not violate the dignity of the teaching profession when executed within the framework of election logistics.

Headnote:(A) Constitution of India - Article 324(6) - Representation of the People Act, 1951 - Sections 20B, 26, 159 - Requisition of academic staff for election duty - Constitutional authority empowered to requisition staff from educational institutions for ensuring free and fair elections - Assignment as presiding officers falls within the scope of administrative duty to ensure smooth conduct of polling process - Individual preference for alternative duties cannot override national interest in essential democratic processes. (Paras 31, 32)

(B) Writ jurisdiction - Administrative discretion - Appellate review - Where a lower court order disrupts the electoral process by restraining administrative appointments shortly before poll dates, such disruption necessitates appellate intervention to prevent chaos within the administrative machinery - Election management body exercises independent discretion in assigning duties, provided there is no explicit illegality or violation of constitutional mandates. (Paras 40, 42)

Facts of the case:
A representative body of academic staff challenged the requisitioning of its members to serve as presiding officers in legislative assembly elections. The petitioners contended that the election authority failed to justify why higher-ranked teaching staff were selected over others and argued that such teachers should be assigned roles as observers or other similar positions commensurate with their rank and pay scale. The lower court order had allowed the petition and directed the authority to consider their rank and pay status in future appointments.

Findings of Court:
The court observed that the role of a presiding officer is critical to the conduct of the poll and is not subordinate to other election functions. The electoral authority's power to requisition staff from state-aided institutions is well-established by statute. The court further noted that the judicial intervention occurred too close to the polling date, threatening to destabilize the election logistics.

Issues: The primary issues were whether the electoral authority is legally bound to record specific reasons before requisitioning teaching staff for election duty and whether the appointment of teachers as presiding officers is discriminatory or incompatible with their professional status as class-I equivalent officers.

Ratio Decidendi: The constitutional and statutory mandate to conduct fair elections grants the electoral commission the authority to requisition necessary personnel. Academic staff, as employees of state-aided institutions, are obligated to perform election duties in the national interest. When the assignment of duties does not infringe upon the dignity of the profession, such administrative powers remain subject only to broad limits of reasonableness, which must not obstruct the conduct of elections.

Result: Appeal allowed; operation of the lower court judgment stayed.