Point of Law: Election Commission has to act in conformity with the laws made by the Legislature and it cannot transgress the same.

ORDER :

1. The employees working in different capacities in the State Election Department are members of the petitioner, a registered Association. The short and simple point being put forth by the petitioner is that the respondents are required to pay honorarium to such of the employees of State Election Department, who perform duties in Vidhan Sabha Elections.

2. Pleadings:

(i) Pleadings of petitioner:

The petitioner has pleaded that its members have been working in the Election Department and performing election duties assigned to them, be it for the Parliamentary or the State Legislative Assembly Elections. Honorarium for discharging election duties was paid by the respondent-State till 1998. In the year 1998, simultaneous elections were held for Parliament and Vidhan Sabha/State Legislative Assembly. Members of the petitioner- Association on election duty were paid honorarium for Parliamentary as well as State Legislative Assembly elections, but subsequently, the State stopped paying honorarium for duties performed by the members of the petitioner- Association (employees of the State Election Department) in State Legislative Assembly elections. Petitioner-Association pointed out its grievances regarding requirement to pay honorarium to its members for performing duties in State Legislative Assembly elections. These grievances though were considered by the respondents in various meetings, however, they have not been redressed till date.

(ii) Pleadings of respondents No. 1 to 3:

The State of Himachal Pradesh through the Secretary (Elections), Secretary (Finance) to the Government of Himachal Pradesh and Chief Electoral Officer, Himachal Pradesh have filed a common reply. Their reply states that honorarium for Lok Sabha and Vidhan Sabha elections was being paid to the election staff since 1977. The Election Commission of India in its letter dated 23.06.1998, had directed all the States to pay honorarium to all Officers and Staff of Election Department at the rate of one month’s pay for the conduct of all elections to Parliament and State Legislative Assemblies or simultaneous elections. With effect from the year 1998, in the State of Himachal Pradesh honorarium is being paid to the Election staff only for Lok Sabha general elections. Honorarium in connection with general elections to Vidhan Sabha was discontinued by the State Government w.e.f. 1998 owing to 100% liability on the State. 100% expenditure on account of Lok Sabha election is borne by the Government of India and in case of Vidhan Sabha election, 100% expenditure is borne by the respective State Government. In case of simultaneous elections to Lok Sabaha & Vidhan Sabha, the expenditure is borne on the basis of 50:50 by Government of India & State Government. It has further been stated in the reply that the matter for paying honorarium to the officers and staff of the Election Department in connection with conduct of Vidhan Sabha elections was taken up many times with the State Finance Department, but the Finance Department regretted its inability to approve the proposals. Finance Department’s view as expressed in office communication dated 30.06.2017 is that the Election Staff has little extra work during elections, but for the rest of the time, they have very little work, therefore, there is no justification to pay them honorarium.

(iii) Pleadings of respondent No. 4:

Respondent No. 4, i.e. Election Commission of India, has filed its separate reply to the writ petition. The stand therein is that anomalies, inconsistencies and discrepancies existed in matter of payment of honorarium to the officers appointed for the conduct of elections. In order to bring uniformity and for removing doubts pertaining to payment of honorarium in respect of elections held to Parliament and State Legislative Assemblies, the Election Commission of India issued letter dated 23.06.1998, directing the State Governments to pay honorarium to all Officers and employees directly connected with electi