Calcutta High Court says cooperative sector autonomous, junks Election Commission ask for staff data

The Calcutta High Court has set aside a directive issued by the Election Commission (EC) seeking requisition of the employees of a cooperative bank for election-related duties in upcoming West Bengal assembly elections saying the cooperative sector is autonomous.

Justice Krishna Rao was hearing a petition filed by the bank employees against EC directive and quashed it.

“The notice issued by the EC dated September 19, 2025, directing to upload the details of the employees of the cooperative banks including the petitioners on the portal emms.wb.gov.in is set aside and quashed,” the January 7 order said, adding that the cooperative sector does not fall within categories required to provide staff for elections under law.

The functions of the bank are of an autonomous private organization within the cooperative sectors. said the Calcutta High Court. (Image enhanced using AI)

Findings

• The petitioners are the employees of Balageria Central Cooperative Bank Limited which is an autonomous body in the cooperative sector which does not fall within any of the categories enumerated in Article 324(6) of the Constitution of India, Section 26 or Section 159 of the Representation of the People Act.
• Section 26 of the Act pertains to the appointment of presiding officers for polling stations allowing a district election officer to appoint people to ensure smooth polling operations.
• Section 159 empowers the EC to request staff from government authorities for election duties.
  Article 324(6) mandates the President or Governors to provide the EC with the requisite staff to conduct elections and maintain electoral rolls.
• The Balageria Central Cooperative Bank Limited is a registered cooperative body governed by its by-laws and managed by an elected board and is not owned or controlled by the state.
• The functions of the bank are an autonomous private organization within the cooperative sectors.
• The salaries and service benefits of the employees of the bank are paid exclusively from the funds of the cooperative bank itself and not from any fund of the state or central government.

Background

• The issue is related to the EC communication through district election officer of district Medinipur East dated September 19, 2025, directing Balageria Central Cooperative Bank Limited to upload details of its employees on the EC’s official portal.
• The purpose of the communication was to prepare a database of personnel for deployment in the upcoming assembly elections in 2026.
• The employees of the bank approached the high court by filing a petition stating that they cannot be summoned or deployed for election related work.

Arguments by petitioners

• Advocates Sauradeep Dutta, Madan Mohan Ray, Himadree Ghosh, appearing for the petitioners submitted that the bank is an autonomous body.
• The counsel submitted that the bank is not a government department, public authority, or government-controlled body, but a cooperative society governed strictly by its own bye-laws.
• They also said that the bank is administered by an elected managing committee, and no officer of the state or central government exercises administrative or disciplinary control over its affairs or employees.
• Salaries, allowances, and all service benefits of the employees are paid entirely from the bank’s own funds, without any financial assistance or budgetary allocation from the state or the Centre, they said.
• They added that the EC could not invoke Article 324(6) of the Constitution of India, which empowers the President or the Governor to make available staff for election work, since that provision applies only to staff under the control of the Centre or the state.
• Sections 26 and 159 of the Representation of the People Act, 1951 permit requisitioning only of personnel belonging to local authorities, universities, government companies, or other bodies that are either owned or substantially controlled by the government.
• The petitioners maintained that the direction to upload employee data on the EC’s portal amounted to an unlawful assertion of control over an autonomous institution and was liable to be struck down.

Election Commission’s arguments

• Senior advocate Soumya Mazumdar along with advocates Anamika Pandey and Ghanshyam Pandey appearing for the EC and other respondents argued that the powers conferred upon the EC under Article 324 of the Constitution are to ensure the conduct of free, fair, and orderly elections.
• The counsel said that in view of the magnitude of elections and the need for adequate manpower, the EC is empowered to call upon various institutions to make available personnel for election-related duties.
• The communication was a step towards preparation of a comprehensive election personnel database and was well within its authority, they said.

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Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.

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Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in “demystifying” judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:



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Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. … Read More

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