- (1.) These four writ petitions have been filed by Life Insurance Corporation of India, challenging the orders, passed by the District Election Officer, Kanpur Nagar by which the officers/employees of the Corporation have been engaged for conduct of the elections of the graduate constituency. Facts and issue raised in all these writ petitions being similar, have been heard together and are being decided by this common judgment. For deciding all the writ petitions, it is sufficient to refer the pleadings of writ petition No. 65773 of 2010.
(2.) The Life Insurance Corporation of India is established by Life Insurance Corporation Act, 1956. The District Election Officer by orders impugned in the writ petition, has informed the Head of the Department/Head of the Office of Life Insurance Corporation of India Zonal office, Kanpur that officers and employees of the Corporation have been deputed for conduct of elections to the Legislative Council Kanpur Khand Teachers Graduate Constituency Election 2010. The Petitioner's case in the writ petition is that officers and employees of the Life Insurance Corporation of India cannot be directed to perform the election duties. Reference in the writ petition has been made of the Division Bench judgment of this Court dated 7.9.2010, passed in writ petition No. 41501 of 2008, Life Insurance Corporation of India and Ors. v. Additional City Magistrate(ii), the interim order dated 12.10.2010, passed by the Division Bench in writ petition No. 62772 of 2010, Life Insurance Corporation of India v. D.M./District Election Officer and Anr., as well as another, (iii) judgment dated 27.10.2010 of this Court in writ petition No. 64288 of 2010, Life Insurance Corporation of India and Ors. v. District Magistrate/D.E. O. and Anr. and judgment of the Apex Court in Election Commission of India v. State Bank of India Patna and Ors., 1995 AIR(SC) 1078. The reliefs claimed in all the writ petitions are to the similar effect. In writ petition No. 65773 of 2010 following reliefs have been claimed: (a) issue a writ, order or direction, including a writ in the nature of certiorari quashing the order dated 30.10.2010 (Annexure-5) passed by the Respondent No. 2 appointing 9 Officers/employees working in the Central Zone Office, Kanpur Nagar of the Petitioners Life Insurance Corporation of India to participate in Graduate Constituency Election 2010; (b) issue a writ, order or direction, including a writ in the nature of mandamus directing the Respondents not to compel the officers/employees working in the Zonal Office, Kanpur Nagar of the Petitioner Corporation to participate in Graduate Constituency Election 2010 in pursuance of the order dated 30.10.2010 in pursuance of the order dated 30.10.2010 issued in this regard by Respondent No. 2;
(3.) Sri Prakash Padia, leaned Counsel for the Petitioners challenging the orders impugned, contended that staffs and officers of the Life Insurance Corporation of India cannot be deputed for election duties. It is contended that earlier employees and officers working with the Life Insurance Corporation of India were called for election duties, which were challenged by the Life Insurance Corporation of India in writ petition No. 41501 of 2008 in which an interim order was passed on 19.8.2008 and the writ petition was subsequently allowed by the judgment of the Division Bench dated 7.9.2010. Reference has been made to the interim order dated 12.10.2010 passed in writ petition No. 62772 of 2010 Life Insurance Corporation of India v. D.M./District Election Officer and Anr. and Division Benchjudgment dated 27.10.2010 passed in writ petition No. 64288 of 2010. Sri Padia placed reliance on the judgment of the Apex Court in Election Commission of India (supra) in which the orders passed by the District Election Officers deputing the staff of State Bank of India was questioned before the High Court and the High Court allowed the writ petition against which the Election Commission of India filed appeal and the appeal was dismissed, holding that the State Bank of India is not covered within the definition of 'local authority' hence, under Section 159 the Staffs of the State Bank of India could not be deputed the duty pertaining to elections of Parliament or Legislative Assembly. Sri Padia further submits that with regard to the Panchayat Election, the State Election Commission, U.P. itself has issued a circular dated 23.9.2010, directing all the District Magistrates /District Election Officers to exempt staffs and officers of the Life Insurance Corporation of India from election duty. Learned Counsel for the Petitioners has also referred to and relied on the provisions of Article 324(6) of the Constitution of India and submits that unless the orders are passed by the President of India or Regional Election Commissioner, no officer or employee of the Life Insurance Corporation of India can be entrusted any election duty towards conduct of election of Parliament or Assembly.;