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The Representation of the People Act, 1951
Article 12 in The Constitution Of India 1949

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Kerala High Court
Catholic Syrian Bank Staff ... vs The State Election Commissioner on 12 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31312 of 2010()


1. CATHOLIC SYRIAN BANK STAFF FEDERATION,
                      ...  Petitioner

                        Vs



1. THE STATE ELECTION COMMISSIONER
                       ...       Respondent

2. CATHOLIC SYRIAN BANL LTD., REP.BY ITS

                For Petitioner  :SRI.H.B.SHENOY

                For Respondent  :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :12/10/2010

 O R D E R
                         P.N.RAVINDRAN, J.

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

                     W.P.(C) No.31312 of 2010

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

            Dated this the 12th day of October, 2010

                           J U D G M E N T

The Catholic Syrian Bank Staff Federation, represented by its General Secretary has filed this writ petition challenging the decision taken by the State Election Commission to assign election duty to officers and employees of Catholic Syrian Bank Limited. The petitioner contends, relying on Section 145 of the Kerala Panchayat Raj Act, 1994, that employees of Catholic Syrian Bank are not Government employees or employees of Local Self Government Institutions, and therefore, the first respondent has no power or authority to requisition the services of employees of the said bank for election duty.

2. A learned single Judge of this Court has in W.P.(C) No.11176 of 2004 considered the question whether the employees of the Ernakulam District Co-operative Bank Ltd. are liable to do election duty. It was contended before the learned single Judge that the Ernakulam District Co-operative Bank is not a State or other authority within the meaning of the said term occurring in Article 12 of the Constitution of India, and therefore, the employees of the Ernakulam District Co-operative Bank Ltd. are not liable to be called upon to do W.P.(C) No.31312/2010 2 election duty. The said contention was repelled by the learned single Judge holding that the section 159(2) of the Representation of People Act does not stand in the way of the election commission from securing the services of any person for the smooth conduct of the elections. The learned single Judge also held that it is for all the people to co-operate for the smooth and peaceful conduct of the elections. The learned single Judge also noticed that even if the contention of the bank is to be accepted, only individual employees who are allotted election duty can be said to be aggrieved and that the Bank cannot be said to be aggrieved. Here also, individual employees have not chosen to challenge the decision of the State Election Commission. Instead, the Catholic Syrian Bank Staff Federation has come to this Court. As held by the learned single Judge in W.P.(C) No.11176 of 2004, the Staff Federation cannot be said to be aggrieved by Ext.P1. I accordingly decline jurisdiction and dismiss the writ petition.

P.N.RAVINDRAN, Judge.

nj.