Calcutta High Court Challenges Election Commission’s Appointment of Assistant Professors as Polling Officers

Overview of the Controversy

In a recent session, Justice Krishna Rao of the Calcutta High Court criticized the Election Commission (EC) for failing to provide notifications regarding the appointment of assistant professors as presiding polling officers for the upcoming assembly elections. Justice Rao emphasized that the EC could also appoint judges under Section 26 of the Representation of the People Act.

The Challenge by Assistant Professors

A group of assistant professors has challenged the EC’s directive to serve as presiding officers during the Bengal elections. They highlighted a previous EC order that specified, "Group A-equivalent senior officers, including teaching staff of universities and colleges, should not be drafted for polling duties without specific reasons recorded in writing by the District Election Officer (DEO)."

Legal Justifications and Responsibilities

According to Section 26, a DEO is authorized to appoint a presiding officer at each polling station; however, they cannot appoint anyone associated with a candidate. Justice Rao’s remarks pointed out the inconsistencies in the notifications issued by the EC, stating, "Every time you are changing your notification."

Arguments From Assistant Professors

Bikash Ranjan Bhattacharya, representing the assistant professors, emphasized that their primary request was to avoid being assigned the role of presiding officers. He argued for the existence of a pool of officers who could take on this duty, thereby preventing the humiliation of teachers.

Timeline and Legal Procedures

EC counsel argued that the requisition was made for March 19 and that the professors had approached the court too late. They warned that interfering with the electoral process at this point could disrupt the election. Justice Rao countered that, regardless of timing, the petition must be adjudicated according to the law, insisting, "Show me the notification by which they have been requisitioned."

EC’s Use of Judicial Orders

When the EC’s counsel cited a Supreme Court order regarding the appointment of judicial officers, Justice Rao suggested that the matter might need to be referred back to the Supreme Court. "The order of the SC is being used by the EC like this," he remarked.

Next Steps

The case is scheduled for further hearings on Friday, as the court continues to assess the legality of the EC’s actions regarding the appointment of presiding officers from the teaching community.

This rewritten content includes relevant H2 subheadings for better readability and SEO optimization.