Kolkata, 17 April (H.S.): The Calcutta High Court has set aside a notification issued by the Election Commission of India regarding the appointment of assistant professors and college/university teachers as presiding officers for election duty.

During the hearing on Friday, Justice Krishna Rao observed that the Commission failed to provide satisfactory reasons for assigning such responsibilities to assistant professors. The court noted that the nature of their posts and pay structure must be taken into account before assigning them election duties.

The court further remarked that despite repeated queries, the Commission could not justify why assistant professors were being deployed at polling stations. On these grounds, the notification was struck down.

The petition in the matter was filed by college teacher Rupa Bandyopadhyay. During the proceedings, the Commission argued that a new guideline had been issued in 2023, replacing the earlier 2010 directive. It also cited provisions under Section 26 of election law, which allow district election officers to appoint college and university teachers for election-related duties.

However, Justice Rao made a sharp observation, stating that if such provisions are interpreted broadly, then even judges could be assigned election duty, which would be unreasonable. He also criticized the Commission for frequently changing guidelines without issuing clear notifications.

The petitioner argued that college teachers should be exempted from presiding officer duties and that reserved government employees should instead be assigned such responsibilities. The Commission, on the other hand, contended that with elections just days away, judicial intervention at this stage could create complications.

The High Court, however, rejected this argument and proceeded to quash the notification.

---------------

Hindusthan Samachar / Priyanka Pandey