In a significant legal development ahead of the upcoming phases of the West Bengal assembly elections, a division bench of the Calcutta High Court has cleared the way for assistant professors in state government colleges to serve as presiding officers. The court on Tuesday stayed a previous single-bench order that had quashed their requisition by the Election Commission (EC).
The ruling ensures that these academic professionals will be available to oversee polling booths for the remaining election phases scheduled for April 23 and April 29.
The legal battle began when the West Bengal Government College Teachers’ Association, representing over 300 members, challenged the Election Commission’s decision to draft assistant professors for poll duty. Their counsel, Shamim Ahmed, argued that such appointments were made without following proper protocols for Group A officers.
On April 17, a single-bench of the High Court ruled in favor of the professors, setting aside their appointments. The single bench had noted that the authorities failed to provide documentation proving the “unavoidable circumstances” necessitated the appointment of these specific officers to polling booths.
The Election Commission appealed this decision, leading to the current ruling by a division bench comprising Justice Shampa Sarkar and Justice Ajay Gupta.
The division bench observed that while the Election Commission should ideally not draft Group A rank officers for poll duty without recording specific reasons, there is a broader administrative necessity to consider. The court highlighted that while some professors had sought legal relief, many others had already accepted the duty following the Commission’s requisition.
The bench emphasized that assistant professors “should also understand the commission’s requirement” in the context of conducting a large-scale democratic exercise. By staying the single-bench order, the court restored the EC’s ability to utilize these officers as presiding officers for the two-phase conclusion of the elections.
The decision comes just days before West Bengal heads into the final stretches of its assembly elections. Presiding officers play a critical role in the management of polling stations, and the inclusion of assistant professors provides the Election Commission with the necessary high-ranking personnel to ensure the integrity of the voting process.
With this stay in place, the requisition of the petitioner professors remains valid, and they are expected to report for their assigned duties on April 23 and 29.
