B.P.Singh, J. - (1.) - The petitioners herein are the State Bank of India Staff Association, Local Head Office Unit, State Bank of India Officers Association, Local Head Office and three employees of the State Bank of India working in its Local Head Office at Patna They had originally challenged the requisition made by the District Election Officer-cum-Dis- trict Magistrate, Patna, dated 22nd September, 1991 (Annexure-1) calling upon the Chief General Manager of the State Bank of India to furnish the list of employees of the State Bank of India with full particulars for the purpose of deputing such employees on election duty. They had also challenged the letters dated 30th October, 1991 and 1-11-1991 (Annexure- 2 series) issued by the District Election Officer appointing and deputing some of the employees of the State Bank of India on election duty in connection with the elections of the Barh Parliamentary and Pali Assembly Constituencies schedule to be held on 16-11-1991. The writ application was admitted for hearing on 11-11-1991, but no interim order was passed having regard to the fact that the election was to be held on 16th November, 1991, and this Court did not wish to dislocate the arrangements made for holding the election. However, this Court observed in the interim order that it will be open to the respondents to reconsider the matter and to make alternative arrangement, if so advised. The respondents were directed to file their counter-affidavit within three weeks, and it was directed that the writ application be placed for final disposal on 16th December, 1991. No. counter-affidavit has been filed, and for whatever reasons, the writ application could not be disposed of on 16th December, 1991.
(2.) Thereafter, the District Election Officer-cum-District Magistrate, Patna, issued similar letters of appointment which were communicated to the Assistant General Manager of the State Bank of India appointing several employees of the State Bank of India as Presiding Officers and Polling Officers in connection with the Parliamentary election to be held on 19th May, 1993 from the 35 Patna Parliamentary Constituency. The petitioners filed an applicaton for amendment of the writ application, and have challenged the letters of appointment issued by the District Election Officer, which have been annexed as Annexure-4 series. Such letters were communicated to the persons so appointed by the Assistant General Manager of the State Bank of India requesting them to attend the training programme for election duty as per the details given in the letters of appointment. The letters of appointment are said to have been issued under sub-section (1) of Section 26 of the Representation of People Act 1951 (Act 43 of 1951). The application came up for orders on 6th May, 1993. The respondents were granted time to file objections by Friday, 7th May, 1993. It was further directed that the writ application be placed for hearing at the top of the list on 10th May, 1993, having regard to the fact that the election was to be held on 19-5-1993. No objection to the amendment application has been filed and, accordingly, the amendment application was allowed and the parties were heard at length on 10th May, 1993 and 11th May, 1993. Since no formal order has been recorded allowing the application for amendment of the writ application we hereby formally allow the amendment application.
(3.) The petitioners have challenged the legality and validity of the letters of appointment (Annexure-4 series) on the ground that neither any constitutional provision, nor any law, authorises the District Election Officer to requisition the services of the employees of the Bank to perform election duty in connection with the Parliamentary election. On the other hand, the respondents contends that the constitutional provisions as well as the laws enacted by the Parliament fully authorise the District Election Officer to appoint the employees of the State Bank of India to perform the duties as Presiding Officers of Polling Officers in connection with the Parliamentary election.;