- Date of Judgment: 07-02-1995
- Court: Supreme Court of India
- Judges: A.M. Ahmadi (C.J.), S. Mohan, N.P. Singh
- Case No: Civil Appeal No. 6026 of 1993
- Citations: AIR 1995 SC 1078; (1995) 2 JT 61; (1995) 2 PLJR 43; (1995) 1 SCALE 466; (1995) 2 SCC 13 Supp; (1995) 1 SCR 935
- Final Decision: Appeal Dismissed
[Judgment Source]
Law Points Raised
1. Scope and interpretation of Article 324(6) of the Constitution of India.
2. Whether employees of State Bank of India can be requisitioned for election duty.
3. Meaning and scope of “such staff” under Article 324(6).
4. Whether SBI qualifies as a "local authority" under Section 159 of the Representation of the People Act, 1951.
5. Authority of District Election Officer to issue directions to public sector employees for election duties.
Ratio Decidendi
The Supreme Court held that the term "such staff" under Article 324(6) refers only to government staff — i.e., staff of the Central or State Government — and does not extend to employees of statutory corporations like the State Bank of India. Section 159 of the 1951 Act applies only to local authorities, and SBI does not fall under this classification.
Final Ruling
The appeal by the Election Commission of India was dismissed. The Court upheld the Patna High Court’s view that employees of the State Bank of India could not be requisitioned for election duty under Section 159 or Article 324(6). The District Election Officer acted beyond his jurisdiction.
Key Paragraph References
- Para 3–4: Overview of Article 324 and legislative framework (RPA 1950 & 1951)
- Para 6: Interpretation of "such staff" under Article 324(6)
- Para 7–9: Events leading to the legal dispute and action by District Magistrate
- Para 10–11: High Court findings and the appeal grounds
Summary
This case clarified the scope of powers granted to the Election Commission under Article 324(6) of the Constitution. It was held that while the Election Commission has vast authority over election-related matters, it cannot requisition the staff of statutory corporations like SBI for election duties unless the law specifically allows it. This decision preserves the distinction between state authorities and independent public sector undertakings under the election law framework.