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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR, AJAY KUMAR GUPTA
Election Commission of India – Appellant
Versus
Rupa Banerjee Nee Samjpati – Respondent
| Table of Content |
|---|
| 1. background and contentions regarding election duty requisitioning. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. constitutional and statutory authority of eci to requisition staff. (Para 9 , 10) |
| 3. statutory functions of observers and presiding officers under 1951 act. (Para 11 , 12 , 13 , 14 , 15) |
| 4. comparative analysis of election duty roles and hierarchy. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 5. evaluation of petitioners' claims regarding rank and subordination. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. interpretation of election commission circulars and supersession of instructions. (Para 28 , 29 , 30) |
| 7. constitutionality of requisitioning staff from government institutions. (Para 31 , 32 , 33 , 34) |
| 8. judicial restraint and interim operational balance during election periods. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 9. grant of stay on the impugned judgment. (Para 42 , 44 , 45 , 46) |
JUDGMENT :
1. The appeal has been filed by the Election Commission of India, the Chief Election Commissioner and the Chief Electoral Officer, West Bengal, being aggrieved by a judgment and order dated April 17, 2026 passed in W.P.A. 9020 of 2026.
2. By the order impugned the learned Court disposed of t
Mandating central government employees as counting staff upheld under delegation; writ challenge during process not maintainable; remedy for irregularities lies in election petition. (20 words)
Teachers can be assigned election duties only minimally and outside teaching hours to uphold the Right to Education.
Rule 35A of Kerala Co-operative Rules, 1969 deals with procedure regarding conduct of election to committee of Societies by State Co-operative Election Commission.
Article 324 of Constitution of India postulates the superintendence, direction and control of election to be vested in an “Election Commission”. Clause (1) of Article 324 specially deals with power o....
The court reaffirmed that administrative actions must adhere to proper legal procedures and that arbitrary withdrawal of electoral notifications without just cause constitutes legal malice, disruptin....
Point of Law : Preliminary object as raised by the respondent required to be upheld inasmuch as the petitions challenging the decision of the Election Officer of the petitioner trust would not be ame....
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