S.N. Jha, J. - (1.) This writ petition is the nature of public interest litigation has been filed seeking a declaration that Representation of People (Amendment) Act, 1998 (Act 12 of 1998) is ultra vires the Constitution of India, and a direction upon the respondents not to requisition the services of the employees of nationalised banks, rural banks and Life Corporation of India (LIC) for deployment in connection with the ensuring Assembly Elections which were to be held in 1998. The elections in question were held on time but as the issue raised by the petitioner survives, we heard counsel for the parties on merit of the case.
(2.) The case of the petitioner, in a nutshell is that clause (6) of Article 324 of the Constitution of India enjoins the President and the Governor of a State, as the case may be, to make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for discharging the functions conferred on the Election Commission by clause (1). Section 159 of the Representation of People Act, 1951 also provides for deployment of staff of local authorities. The expression 'such staff' in Article 324(6) of the Constitution and 159 of the Representation of People Act 1951 (hereinafter referred to as 'the Act') came up for consideration before the Supreme Court in Election Commission of India V. State Bank of India Staff Association, AIR 1955 SC 1078 : 1995 Supp.(2) SCC 13 and it was held that the employees working under the President or Governor alone can be requisitioned. The decision was rendered in the context of the officers and employees of the State Bank of India (SBI) and Insurance Companies, and in the circumstances the services of the officers/employees of the SBI or Life Insurance Corporation of India (LIC) can not be requisitioned for election work.
(3.) It is relevant to mention here that Section 159 of the Act was amended twice-in 1997 and again in 1998. In terms of the provision as it now stands, after the 1998 amendment, the staff of any institution, concern or undertaking established by a Central, Provincial or State Act have been brought under the purview of the local authority within the meaning of Section 159(1) of the Act. The petitioner has accordingly challenged the vires of the said amendment.;