(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr. B.S. Patel, learned counsel appearing for the petitioners and Mr. Percy Kavina, learned Senior Counsel assisted by Mr. Biren A. Vaishnav appearing for the respondents.
2. This writ petition has been filed by the petitioner – Bhavnagar District Cooperative Bank Limited challenging the requisitioning of staff by the Chief Electoral Officer for the election duty in the forthcoming Assembly election in the State of Gujarat, which is scheduled to be held on 13th and 17th of December, 2012.
3. The grievance of the petitioner is that the petitioner Bank is having in all 88 Branches and out of that, 43 branches are one man branches and staff of one man branch has been requisitioned by the respondents. However, upon representation by the petitioner, requisition with regard to only 4 one man branches have been cancelled by the respondents.
4. Mr. Kavina has made a statement that they are not requisitioning the staff of one man branches. In all 26 staff members from the petitioner Bank have been requisitioned and if any one man branch staff has been requisitioned, the petitioner may point out along with the details of other branches where there are sufficient staff available so that the staff from that Branch may be requisitioned by the Election Officer to meet with the requirements for holding the elections and polling.
5. In this regard, the petitioner shall make a fresh detailed representation by tomorrow evening before the District Election Officer along with details of one man branches and other staff available in other branches and the Bank may suggest the name of staff members who are to be requisitioned, which shall be considered by the respondents and necessary orders would be passed by the District Election Officer.
6. Though learned counsel Mr. B.S. Patel has argued that the petitioner Bank is not run by Government fund and is not directly or indirectly controlled by the State Government, we have not entered into this question in view of the polling of the elections of the Assembly of State of Gujarat scheduled to be held on 13th and 17th December of 2012.
7. With the aforesaid direction, this petition stands finally disposed of. Parties to bear their own costs.
Sd/-
(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya