NATIONAL THERMAL POWER CORPN. EXECUTIVE ASSOCIATION AND OTHERS Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-4-41
HIGH COURT OF CALCUTTA
Decided on April 04,1996

National Thermal Power Corpn. Executive Association And Others Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

Bhagabati Prosad Banerjee, J. - (1.)This writ application has been filed by National Thermal Power Corporation Executives' Association relying upon a decision of the Supreme Court of India in the case of Election Commission of India Vs. State Bank of India, AIR 1995 S.C. 1078 wherein the Supreme Court has held that only the employees working tier the President or the Governor can be requisitioned.
(2.)Sec. 159 of the Representation of People Act, 1950 provides that every local authority in a State shall, when so requested by Regional Commissioner appointed under Clause (4) of Art. 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.
(3.)The learned Advocate for the writ petitioners submitted that the employees of the National Thermal Power Corporation, which is not a statutory public authority, would not be requisitioned Blur the purpose of election.
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