WB Polls: Calcutta HC Quashes Appointment Of College Teachers As Presiding Officers, Pulls Up ECI For Failure To Justify Decision

The Calcutta High Court on Friday sharply criticised the Election Commission of India (ECI) for appointing Assistant Professors and Associate Professors from government colleges as Presiding Officers for the upcoming West Bengal Assembly Elections without recording any “unavoidable circumstances” as mandated under earlier Commission instructions.Justice Krishna Rao, while allowing a writ petition filed by a society representing college teachers, held that the ECI had acted in violation of its own circular dated February 16/17, 2010, which stated that Group A equivalent senior officers, including university and college teaching staff, should not ordinarily be deployed for polling duties inside polling stations unless specific reasons were recorded in writing by the District Election Officer.Setting aside the appointments, the Court observed: “The authorities failed to produce any document to show the unavoidable circumstances, on the basis of which the authorities have taken a decision for appointment of the petitioners as Presiding Officers in the polling booth.”The Court further held: “Thus, this Court finds that the authorities without taking any decision have appointed the petitioners… as Presiding Officers in violation of the circular dated 16/17th February, 2010.”During the hearing, senior counsel appearing for the ECI argued that a later circular dated June 7, 2023 had superseded earlier instructions and introduced a broader framework based on pay scale, rank and status for election duty deployment.However, Justice Rao was unconvinced and expressly rejected that contention, noting: “This Court finds that in the circular dated June 7, 2023 there is no mentioning of circular dated February 17, 2010, thus it cannot be said that the circular dated February 17, 2010 is superseded.”The Court therefore held that the earlier protection available to senior teaching staff continued to operate.The Court recorded that when the matter was first taken up on April 13, counsel for the ECI sought time to produce records showing why the petitioners had to be appointed as Presiding Officers. Even when the case was taken up again on April 16, no records were produced.Despite “several opportunities,” the Commission failed to place any material before the Court to demonstrate necessity.This failure became central to the ruling, with the Court effectively holding that administrative discretion cannot be exercised arbitrarily, especially when it departs from established guidelines.The petitioners contended that while college professors and assistant professors were being sent to polling booths as Presiding Officers, lower-ranked staff such as stenographers, supervisors and workshop instructors were appointed as Section Officers or Assistant Sector Officers—posts perceived to be supervisory in nature.The petitioners also relied on figures showing over 6.8 lakh Group B posts in West Bengal, arguing there was no shortage of suitable personnel.Relief Granted, But Volunteers May ContinueWhile quashing the appointments of the petitioners as Presiding Officers, the Court clarified that teachers who had already undergone training and were still willing to discharge such duties could continue.The Court further observed that if the ECI wished to utilise the services of the petitioners, it was free to assign them election duties commensurate with their rank and salary and in conformity with the 2010 circular.Justice Rao stated: “The Election Commission of India is free to pass an appropriate order for appointing the petitioners as per their rank, salary and in conformity with the circular dated 16/17th February, 2010.”An intervention application (CAN 1 of 2026) was also dismissed as not maintainable, though the Court left it open to the applicant to pursue remedies in accordance with law.The ruling comes days before polling in West Bengal on April 23 and April 29, 2026.Case: Rupa Banerjee Nee Samjpati v. The Election Commission of India & Ors.Case No: WPA 9020 of 2026 with CAN 1 of 2026Click here to read order

WB Polls: Calcutta HC Quashes Appointment Of College Teachers As Presiding Officers, Pulls Up ECI For Failure To Justify Decision

Srinjoy Das

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