(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 respondents.
2. This writ petition has been filed challenging the requisition of the staff of Life Insurance Corporation of India (for short ‘LIC’) by the District Election Officer in various Districts of the State of Gujarat.
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 LIC and if they want to requisition some staff of LIC, that too to a minimum number.
4. Mr. P.C. Kavina, learned Senior Counsel has placed before us a chart which is the gist of various affidavits filed in this matter which demonstrates that in each District for polling, the staff required, the Government staff available to the Election Officer, the shortfall and employees of LIC being deputed on election duty. This chart has been duly signed by learned counsel Mr. Biren Vaishnav and according to this chart, there appears to be a shortfall of election staff for which LIC employees have been deputed on election duty. 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 LIC is concerned, Mr. Kavina has submitted that the staff of LIC 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 LIC staff is required to be requisitioned in the forthcoming Assembly Election in the State of Gujarat. It is also relevant to point out over here that the total shortfall shown in the chart is 32217 whereas the total staff requisitioned from LIC is only 1145.
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 LIC and only the Chief Electoral Officer could requisition the staff. However, in the affidavit-in-reply filed on behalf of the respondents, it has been clearly stated that an order has been issued on 21.11.2012 by the Chief Electoral Officer, Gujarat State under Section 159 of the Representation of Peoples Act, 1951 requesting LIC to provide staff for election duty. Therefore, the point raised by the petitioner does not survive.
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 LIC. We do not find any merits in this writ petition. This writ petition fails and is accordingly dismissed. Notice discharged. The parties to bear their own costs.
Sd/-
(V.M.SAHAI, J.) Sd/-
(S.G.SHAH, J.) Savariya