IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31312 of 2010()
1. CATHOLIC SYRIAN BANK STAFF FEDERATION,
... Petitioner
Vs
1. THE STATE ELECTION COMMISSIONER
... Respondent
2. CATHOLIC SYRIAN BANL LTD., REP.BY ITS
For Petitioner :SRI.H.B.SHENOY
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :12/10/2010
O R D E R
P.N.RAVINDRAN, J.
-------------------------------
W.P.(C) No.31312 of 2010
-------------------------------
Dated this the 12th day of October, 2010
J U D G M E N T
The Catholic Syrian Bank Staff Federation, represented by
its General Secretary has filed this writ petition challenging the
decision taken by the State Election Commission to assign election
duty to officers and employees of Catholic Syrian Bank Limited. The
petitioner contends, relying on Section 145 of the Kerala Panchayat
Raj Act, 1994, that employees of Catholic Syrian Bank are not
Government employees or employees of Local Self Government
Institutions, and therefore, the first respondent has no power or
authority to requisition the services of employees of the said bank for
election duty.
2. A learned single Judge of this Court has in W.P.(C)
No.11176 of 2004 considered the question whether the employees of
the Ernakulam District Co-operative Bank Ltd. are liable to do election
duty. It was contended before the learned single Judge that the
Ernakulam District Co-operative Bank is not a State or other authority
within the meaning of the said term occurring in Article 12 of the
Constitution of India, and therefore, the employees of the Ernakulam
District Co-operative Bank Ltd. are not liable to be called upon to do
W.P.(C) No.31312/2010
2
election duty. The said contention was repelled by the learned single
Judge holding that the section 159(2) of the Representation of People
Act does not stand in the way of the election commission from
securing the services of any person for the smooth conduct of the
elections. The learned single Judge also held that it is for all the
people to co-operate for the smooth and peaceful conduct of the
elections. The learned single Judge also noticed that even if the
contention of the bank is to be accepted, only individual employees
who are allotted election duty can be said to be aggrieved and that
the Bank cannot be said to be aggrieved. Here also, individual
employees have not chosen to challenge the decision of the State
Election Commission. Instead, the Catholic Syrian Bank Staff
Federation has come to this Court. As held by the learned single
Judge in W.P.(C) No.11176 of 2004, the Staff Federation cannot be
said to be aggrieved by Ext.P1. I accordingly decline jurisdiction and
dismiss the writ petition.
P.N.RAVINDRAN,
Judge.
nj.