- (1.) The question raised in this writ application is as to whether the services of the Development Officers working under the L.I.C. can be requisitioned to be assigned with the election duty for ensuing Panchayat Election scheduled to be held from 25.11.2010?
(2.) Mr. Rajiv Ranjan, learned Counsel appearing for the Petitioner, by referring to the provision as enshrined under Section 67(3)(v) read with Section 2 (xxxi) of the jharkhand Panchayat Raj Act, 2001 submits that only the services of the employees/officers of the State Government or of the Company owned, controlled and financed by the State Government pr the Organization receiving aid from the State Government can be requisitioned for the election duty and as such, the State Election Officer (Panchayat) and/or State Election Commissioner do not have any authority to requisition the services of the officers/employees of the Central Government/Central Government Undertakings or Autonomous Body not aided by the State Government for Panchayat election and, therefore, the letter dated 13.10.2010 (Annexure-1), issued by the Deputy Commissioner-cum-District Election Officer (Panchayat), Hazaribagh requisitioning the services of the development officers of the L.I.C. posted in the district of Hazaribagh, is fit to be set aside.
(3.) As against this, Mr. Sumeet Gadodia, learned Counsel appearing for the State Election Commission, submits that before the amendment brought under Jharkhand Panchayat Raj Act, 2001 and the Representation of the People Act, 1951, only the employees of the State Government or the Public Company or the State Aided Organization used to be assigned with the election duty in the Panchayat election but now an amendment has been brought in Jharkhand Panchayat Raj Act and also in the Representation of the People Act by virtue of which, the services now can be requisitioned of local Authorities, Universities, Nationalized Banks, L.I.C./ Government Undertakings etc. learned Counsel in support of the submission did produce a letter addressed to the Chief Election Officer of the State and Union Territories. Thus, it is submitted that Deputy Commissioner-cum-District Election Officer (Panchayat), Hazaribagh has now got even power to requisition the services of the development officers on the L.I.C. posted in the district of Hazaribagh for assigning with election duly.;