ELECTION COMMISSIONER OF INDIA Vs. STATE OF C G
LAWS(CHH)-2003-11-3
HIGH COURT OF CHHATTISGARH
Decided on November 14,2003

Election Commissioner Of India Appellant
VERSUS
State Of C G Respondents


Referred Judgements :-

VIONET VS. BARRETT [REFERRED TO]
BOARD OF EDUCATION VS. RICE [REFERRED TO]
GOPAL DAS MOHTA VS. UNION OF INDIA AND ORS [REFERRED TO]
COOPER VS. WANDSWORTH BOARD OF WORKS [REFERRED TO]
RAY VS. LOCAL GOVERNMENT BOARD [REFERRED TO]
GENERAL COUNCIL OF MEDICAL EDUCATION AND REGISTRATION OF U.K. VS. SANCKMAN [REFERRED TO]
ALL PARTY HILL LEADERS' CONFERENCE SHILONG VS.CAPTAIN W.A. SANGAMA AND ORS [REFERRED TO]
SPACKMAN VS. PLUMSTEAD DISTRICT BOARD OF WORKS [REFERRED TO]
FAIRMOUNT INVESTMENTS LTD. VS. SECRETARY TO STATE FOR ENVIRONMENT [REFERRED TO]
REGINA VS. SECRETARY OF STATE FOR HOME AFFAIRS EX-PARTE HOSENBALL [REFERRED TO]
COMISSIONER OF POLICE BOMBAY VS. GORDHANDAS BHANJI [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
KANHIYA LAL OMAR VS. R K TRIVEDI [REFERRED TO]
BHARAT COKING COAL LIMITED VS. STATE OF BIHAR [REFERRED TO]
SHRIRAM REFRIGERATION INDUSTRIES LIMITED ANDANOTHER VS. COMMERCIAL TAX OFFICER [REFERRED TO]
L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
T SUDHAKAR PRASAD VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
ESTRALLA RUBBER VS. DASS ESTATE PRIVATE LIMITED [REFERRED TO]
SUGARBAI M SIDDIQ VS. RAMESH S HANKARE D [REFERRED TO]
OUSEPH MATHAI VS. M ABDUL KHADIR [REFERRED TO]
KENDRIYA VIDYALAYA SANGATHAN VS. SUBHAS SHARMA [REFERRED TO]
PUBLIC SERVICES TRIBNAL BAR ASSOCIATION VS. STATE OF UTTAR PRADESH [REFERRED TO]
CANARA BANK VS. DEBASIS DAS [REFERRED TO]
STATE VS. NAVJOT SANDHU alias AFSHAN GURU [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
MAHARASHTRA WINE MERCHANTS ASSOCIATION VS. STATE OF MAHARASHTRA [REFERRED TO]



Cited Judgements :-

DHIRAJ KUMAR ARYA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-11-83] [REFERRED TO]


JUDGEMENT

FAKHRUDDIN,J. - (1.)BOTH these petitions involve similar questions, as such they have been heard together and being disposed of by common order.
(2.)THE superintendence, directions and control of elections, preparation of Electoral rolls and conduct of all Elections for Parliament and State Legislature of every State vests under Article 324(1) of Constitution of India in Election Commission of India. It is provided that under Article 324(6) of the Constitution of India that the President or the Governor shall when requested by the Election Commission make available to it such staff as may be necessary for the discharge of the functions conferred on the Election Commission by Article 324(1) of the Constitution.
It is submitted by the petitioner that by notification issued by the Commission, the State of Chhattisgarh made available the staff including District Collectors/District Magistrate of the District and they have been notified as District Election Officer/District Returning Officer. It is contended that these officers/ in the context of election related work are deemed to be on deputation to the Election Commission and subject to its disciplinary control. This has been made explicit according to petition under Section 13CC of the Representation of the People Act 1950 and Section 28A of the Representation of the People Act 1951.

(3.)IT is submitted that the question of disciplinary jurisdiction of the Election Commission of India over officers under employment of Union of India and Governments of the States, Union Territories was the subject matter of Writ Petition (Civil) No. 606 of 1993 filed by the Election Commission of India before Hon'ble the Supreme Court under Article 32 of the Constitution of India. During pendency of the writ petition with a view to resolving certain differences that had arisen between the Election Commission of India and Union of India discussions were held between the said parties as well as nine other State Governments which were parties to the writ petition. Consequent thereto, certain agreed terms of settlement were arrived at between the Election Commission of India and the Union of India as under :-
"The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to - (a) Suspending any officer/official/police personnel for insubordination or dereliction of duty; (b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct' (c) Making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission's recommendation. (d) The Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control."



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