ECI shall take note of the rank & seniority while allotting election duty: Gauhati High Court

way2barak, Sept 14: The Election Commission of India (ECI) shall take note of the rank and seniority of the petitioners, if they are required to serve for the purpose of election duties under the Election Commission of India. This was stated by Justice Achintya Malla Bujor Baruah of Gauhati High Court on 30 August, 2022, while listening to a plea (Case No. WP(C) 1955/2014 filed by Dr Samira Behera, Asstt Professor of Assam University, Silchar and 61 of his other colleagues serving in the said institution.

The petitioners herein are all Assistant Professors in the Assam University and are aggrieved by the order dated 25.03.2014 of the District Election Officer, Cachar issued under Section 26(1)(3) of the Representation of People Act, 1963 (as amended) whereby the present petitioners were appointed as Presiding Officers of various polling stations in the General Election that took place in the year 2014.

The grievance of the petitioners are that they have no objection to offer their services under the Election Commission of India for the purpose of smooth conducting of elections but while allotting their duties, they should not be allowed to work under any officials who otherwise in the hierarchy of rank in respect of the service where the petitioners are engaged to be below that of the petitioners or otherwise junior to them. According to the petitioners, such requirement while performing the duties under the Election Commission of India violates their legal rights and also make them to work under a person under whom otherwise they would not be required to work.

Mr. A Ali, counsel for the respondents in the Election Commission of India has made a statement upon instruction that the Election Commission of India had taken note of the aforesaid grievances of the petitioners and in fact, in the subsequent elections, the officials like that of the petitioners were allotted different duties under the Election Commission of India namely, Micro Observer, Additional Micro Observer, Assembly Level Master Trainers etc.

As the respondents in the Election Commission of India had taken note of the grievances of the petitioners, the judge opined that no further adjudication is required. Accordingly, the writ petition was closed by providing that the respondents in the Election Commission of India shall take note of the rank and seniority of the petitioners, even in future, if they are required to serve for the purpose of election duties under the Election Commission of India.