(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr. Maulik J. Shelat, learned counsel appearing for the petitioner and Mr. P.C. Kavina, learned Senior Counsel assisted by Mr. Biren Vaishnav appearing for the respondent.
2. This writ petition has been filed challenging the requisition of the staff of Nationalized Banks employees the District Election Officer in various Districts of the State of Gujarat. The petitioner – Maha Gujarat Bank Employees’ Association is a registered Union with Registrar of Trade Union, State of Gujarat and members of the petitioner Union are employees of different Nationalized Banks except State Bank of India and Indian Overseas Bank.
3. Apart from the arguments advanced on merits, one of the arguments of the petitioner was that the State Government has got sufficient staff to hold the election and they are not required to requisitioned any staff from the Nationalized Banks and if they want to requisition some staff of Nationalized Banks, that too to a minimum number.
4. Mr. P.C. Kavina, learned Senior Counsel has placed before us affidavit-in-reply filed by the respondent. According to the same, there appears to be a shortfall of election staff for which Nationalized Bank employees have been deputed on election duty. As per the affidavit-in-reply, approximate number of male staff required for election duty in Ahmedabad District is 31,812 and the male staff available from Government is only 26,547 and, therefore, there is a shortfall in the male staff by 5265 and the number of Nationalized Bank Staff that is requested for election duty is only 1973. This staff is now required only for the purposes of polling which is scheduled to be held on 13th and 17th of December, 2012 and the staff is required a day or two earlier than the date of polling. So far as the training to the staff of Banks is concerned, Mr. Kavina has submitted that the staff of Banks will be trained by the authorities deputed for the purpose by the District Election Officer and the timings of the training will be adjusted after their office hours.
5. In this matter, we do not think it appropriate to deal with various contentions raised by learned counsel for the petitioner as on facts, we are satisfied that the Nationalized Bank staff is required to be requisitioned in the forthcoming Assembly Election in the State of Gujarat scheduled to be held on 13th and 17th of December, 2012. It is also relevant to point out over here that against the shortfall of 5265 male staff, the total staff requisitioned from Nationalized Banks is only 1973.
6. One of the argument of learned counsel for the petitioner is that the District Election Officer has no power to requisition the staff of Banks and only the Chief Electoral Officer could requisition the staff. However, in the affidavit-in-reply filed on behalf of the respondent, it has been clearly stated that orders have been issued on 21.11.2012 & 24.11.2012 by the Chief Electoral Officer, Gujarat State under Section 159 of the Representation of Peoples Act, 1951 requesting Nationalized Banks to provide staff for election duty. Therefore, the point raised by the petitioner does not survive.
7. The other argument of the learned counsel for the petitioner is that according to the Guidelines and Circulars of the Election Commission, only a minimum of the Bank employees staff should be engaged in election duty provided there is a shortfall. Further, if possible, the Bank staff should be engaged in election duty only in unavoidable circumstances and especially as a reserved staff. Since this writ petition is only with regard to Ahmedabad district and there is shortfall of 5265 male staff and the total staff requisitioned from Nationalized Banks is only 1973 approximately, which is, in our opinion, minimum staff and has been requisitioned by the Chief Electoral Officer in unavoidable situation.
7. For the aforesaid reasons, we do not find any reason to interfere either with the election process which is going on or with the order passed by the respondents requisitioning the staff of Nationalized Banks. We do not find any merits in this writ petition. This writ petition fails and is accordingly summarily dismissed. The parties to bear their own costs.
(V.M.SAHAI, J.) (S.G.SHAH, J.) Savariya