ORDER

1. Heard finally with the consent of the parties.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India assailing the order dated 26.5.2022 passed by Madhya Pradesh State Election Commission and District Election Officer, Indore whereby the members of the petitioner association have been directed to perform the election duties in the forthcoming Panchayat and Corporation elections. The petitioner has sought the following reliefs :--

“i. Quash impugned circular dated 10.12.2021 passed by Madhya Pradesh State Election Commission Annexure P/4 herein and order Annexure P/8 dt. 26.5.2022.

ii. It may be held that respondent No.2 and 3 have no power / authority to fix election duties of employees of LIC of India against their wish and appropriate writ, order or direction may be issued to the respondent to revoke the order/circular mentioned hereinabove.

iii. Cost of the petition be allowed to petition.”

3. In brief, the facts of the case are that the petitioner is a registered trade union under the provisions of Trade Unions Act, 1926 having a sizable membership of LIC (Life Insurance Corporation) employees as its members. The registration certificate of the petitioner union is also placed on record with averment that every member of the union is bound by every order passed by this Court.

4. Further, the case of the petitioner is that LIC is a Government of India undertaking and is governed by the Life Insurance Corporation Act, 1956 which is a central act and the State Government has no control over the affairs of the LIC and its employees, however, the District Election Officer/respondent No.3 has issued a letter to the Divisional Office of LIC, M.G. Road, Indore with the names of as many as 76 of its employees for their participation in the forthcoming Panchayat/municipal election and it has been directed that for training purposes, the presence of such employees be ensured on the given date and time.

5. Shri Sameer Athawale, learned counsel for the petitioner has submitted that under section 159 of Representation of the People Act, 1950, the Election Commission is empowered to authorize officers for taking services of employees of certain entities described in section 159(2) of the Act, however, the aforesaid act is in respect of election to the House of people, the legislature of State only and not to the local or Panchayat bodies and the petitioner’s case would be governed by rule 17 of the Madhya Pradesh Panchayat Nirvachan Niyam, 1996 (hereinafter referred to as “Niyam, 1996) which provides that services of such officers and staff as is necessary for the conduct of election shall be made available by the State Government to the Election Commission. It is submitted that such officers and members of the staff cannot be of any other entity other than the State Government as per rule 17 itself and thus, the impugned order is liable to be quashed.

6. It is further submitted that this issue of requisitioning the LIC employees in the election duty has already been settled by the coordinate Bench of this Court in Writ Petition No.336/2010, wherein vide order dated 20.4.2010, in a petition filed by a registered trade union of the LIC only under the similar circumstances where they were called by the District Returning Officer for the purposes of Panchayat election, the order of the District Returning Officer was quashed by this Court specifically directing that those employees of LIC who are not willing to be appointed for conducting elections to Panchayat will not be compelled to render their services for conducting elections to Panchayat.

7. Counsel for the petitioner has also relied upon a circular dated 29.12.2004 wherein it is specifically directed to the Returning Officer that services of employees of Central Government undertaking and LIC employees shall not be availed in the election.

8. On the other hand, the relief sought in the petition has been vehemently opposed b