The Calcutta High Court has set aside the appointment of several assistant professors as presiding officers for the upcoming two-phase assembly elections in West Bengal. The court ruled that the Election Commission (EC) failed to justify the “unavoidable circumstances” required to draft senior teaching staff into polling station duties, marking a significant victory for the West Bengal Government College Teachers’ Association.
The decision, delivered by Justice Krishna Rao, specifically quashes the appointments of the petitioners who challenged their deployment for the polls scheduled on April 23 and 29.
The legal challenge was initiated by members of the West Bengal Government College Teachers’ Association. The petitioners, who hold the rank of assistant professor, argued that their assignment as presiding officers was made in total disregard of their pay level and official status.
Under an Election Commission circular dated February 16, 2010, the requisition of staff for election purposes follows specific guidelines regarding seniority. The petitioners contended that Group A equivalent senior officers, including the teaching staff of universities and colleges, should not be drafted for duties within polling station premises unless there are specific, recorded reasons.
Advocate Shamim Ahmed, representing the petitioners, argued that the authorities ignored the 2010 circular. He highlighted that teaching staff of such seniority are generally exempt from being posted at polling booths unless the District Election Officer (DEO) records in writing that such appointments have become “unavoidable.”
In response, the counsel for the Election Commission pointed out the massive scale of the democratic exercise. With approximately 90,000 polling booths to manage across the two final phases, the EC argued that it was practically impossible for authorities to prepare an exhaustive seniority list without some degree of overlapping. The Commission essentially pleaded administrative necessity given the logistical pressure of the state-wide elections.
Upon reviewing the submissions, the court found that the Election Commission had indeed violated its own standing orders. Justice Krishna Rao noted that the authorities failed to produce any documentation or recorded evidence to show the “unavoidable circumstances” that necessitated the appointment of these specific assistant professors.
The court emphasized that the 2010 circular was not merely a guideline but a requirement that protected senior staff from being assigned roles inconsistent with their pay level without written justification. Since no such “specific reasons” were recorded by the District Election Officer, the appointments were deemed legally unsustainable.
The court quashed the appointments of the assistant professors involved in the petition. While the West Bengal Government College Teachers’ Association has over 300 members, the court clarified that this specific relief applies only to the petitioners who moved the court.
The ruling reinforces the principle that while the Election Commission has broad powers to draft staff, it must strictly adhere to its own procedural safeguards regarding the seniority and status of the officials being deployed.
