# L.I.C. of India and another v. District Magistrate and others

- **Citation:** (2010) 3 ILRA 1159
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2010-11-08
- **Case number:** Civil Misc. Writ Petition No. 65773 of 2010
- **Bench:** Ashok Bhushan, Ran Vijai Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/l-i-c-of-india-and-another-v-district-magistrate-and-others-41737
- **Pages:** 11

## Headnote

Constitution of India Art 226-Officers
and staff of L.I.C. Entrusted in election
duties
in
accordance
with
Representation of People Act-argument
that they are neither within definition of
employee of either State or Central
Govt.-not available -LIC established by
Parliament Life Insurance Corporation of
India Act 1956 by Section 159.(2)
(iv)They can be engaged in preparation
of
electoral
Roll
of
Graduate
Constituency-No grand for interferenceCalled for.

Held: Para 14

It is relevant to note that the judgment
of the apex Court was considering the
unamended
section
159
as
quoted
above. Subsequent to the judgment of
the apex Court, section 159 has been
amended with effect from 23.12.1997
and apart from staffs of the local
authority,
three
more
other
new
categories have been added in section
159, which could be requisitioned for
conduct of the election duties. Section
159 (2) (iv) embraces in itself any other
institution,
concern
or
undertaking
which is established by or under a
Central, Provincial or State Act or which
is controlled or financed wholly or
substantially by funds provided, directly
or indirectly, by the Central Government
or a State Government. Life Insurance
Corporation
of
India
having
been
established by the Parliamentary Act
namely; Life Insurance Corporation Act
1956, is clearly covered by section 159
(2)(iv). Thus, the engagement of the
staffs of the L.I.C. after the amendment
of the Section 159, cannot be questioned
on the ground that Life Insurance
Corporation of India is not covered
within
the
definition
of
the
local
authority.
Case law discussed:
AIR 1995 S.C. 1078, Division Bench judgment
dated 27.10.2010 passed in Writ Petition No.
64288 of 2010, Writ Petition No. 28736 of

## Text

3 All] L.I.C. of India and another V. District Magistrate and others
1159
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 08.11.2010

BEFORE
THE HON'BLE ASHOK BHUSHAN, J.
THE HON'BLE RAN VIJAI SINGH, J.

Civil Misc. Writ Petition No. 65773 of 2010

L.I.C. of India and another ...Petitioners
Versus
District Magistrate and others ...Respondents

Counsel for the Petitioner:
Sri Prakash Padia

Counsel for the Respondent:
Sri K.P. Singh
C.S.C.

Constitution of India Art 226-Officers
and staff of L.I.C. Entrusted in election
duties
in
accordance
with
Representation of People Act-argument
that they are neither within definition of
employee of either State or Central
Govt.-not available -LIC established by
Parliament Life Insurance Corporation of
India Act 1956 by Section 159.(2)
(iv)They can be engaged in preparation
of
electoral
Roll
of
Graduate
Constituency-No grand for interferenceCalled for.

Held: Para 14

It is relevant to note that the judgment
of the apex Court was considering the
unamended
section
159
as
quoted
above. Subsequent to the judgment of
the apex Court, section 159 has been
amended with effect from 23.12.1997
and apart from staffs of the local
authority,
three
more
other
new
categories have been added in section
159, which could be requisitioned for
conduct of the election duties. Section
159 (2) (iv) embraces in itself any other
institution,
concern
or
undertaking
which is established by or under a
Central, Provincial or State Act or which
is controlled or financed wholly or
substantially by funds provided, directly
or indirectly, by the Central Government
or a State Government. Life Insurance
Corporation
of
India
having
been
established by the Parliamentary Act
namely; Life Insurance Corporation Act
1956, is clearly covered by section 159
(2)(iv). Thus, the engagement of the
staffs of the L.I.C. after the amendment
of the Section 159, cannot be questioned
on the ground that Life Insurance
Corporation of India is not covered
within
the
definition
of
the
local
authority.
Case law discussed:
AIR 1995 S.C. 1078, Division Bench judgment
dated 27.10.2010 passed in Writ Petition No.
64288 of 2010, Writ Petition No. 28736 of
2010.

(Delivered by Hon'ble Ashok Bhushan, J.)

1. These four writ petitions have been
filed by Life Insurance Corporation of
India, challenging the orders , passed by the
District Election Officer, Kanpur Nagar by
which
the
officers/employees
of
the
Corporation have been engaged for conduct
of the elections of the graduate constituency.
Facts and issue raised in all these writ
petitions being similar, have been heard
together and are being decided by this
common judgment. For deciding all the writ
petitions, it is sufficient to refer the
pleadings of writ petition No. 65773 of
2010

2. The Life Insurance Corporation of
India is established by Life Insurance
Corporation Act,
1956.
The
District
Election Officer by orders impugned in the
writ petition, has informed the Head of the
Department/Head of the Office of Life
Insurance Corporation of India Zonal office,
Kanpur that officers and employees of the
Corporation have been deputed for conduct
1160 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
of elections to the Legislative Council
Kanpur
Khand
Teachers
Graduate
Constituency Election 2010. The petitioner's
case in the writ petition is that officers and
employees
of
the
Life
Insurance
Corporation of India cannot be directed to
perform the election duties. Reference in the
writ petition has been made of the Division
Bench judgment of this Court dated
7.9.2010, passed in writ petition No. 41501
of 2008, Life Insurance Corporation of
India and others Vs. Additional City
Magistrate (ii), the interim order dated
12.10.2010, passed by the Division Bench
in writ petition No. 62772 of 2010, Life
Insurance
Corporation
of
India
Vs.
D.M./District Election Officer and another,
as well as another, (iii) judgment dated
27.10.2010 of this Court in writ petition No.
64288 of 2010, Life Insurance Corporation
of
India
and
others
Vs.
District
Magistrate/D.E.O.
and
another
and
judgment of the apex Court reported in AIR
1995 S.C. 1078 Election Commission of
India Vs. State Bank of India, Patna and
others. The reliefs claimed in all the writ
petitions are to the similar effect. In writ
petition No. 65773 of 2010 following reliefs
have been claimed:

"a) issue a writ, order or direction,
including a writ in the nature of certiorari
quashing the order dated 30.10.2010
(Annexure-5) passed by the respondent no.
2 appointing 9 Officers/employees working
in the Central Zone Office, Kanpur Nagar
of
the
petitioners
Life
Insurance
Corporation of India to participate in
Graduate Constituency Election 2010;

b) issue a writ, order or direction,
including a writ in the nature of mandamus
directing the respondents not to compel the
officers/employees working in the Zonal
Office, Kanpur Nagar of the petitioner
Corporation to participate in Graduate
Constituency Election 2010 in pursuance of
the order dated 30.10.2010 in pursuance of
the order dated 30.10.2010 issued in this
regard by respondent no. 2;"

3. Sri Prakash Padia, leaned Counsel
for the petitioners challenging the orders
impugned, contended that staffs and officers
of the Life Insurance Corporation of India
cannot be deputed for election duties. It is
contended that earlier employees and
officers working with the Life Insurance
Corporation of India were called for
election duties, which were challenged by
the Life Insurance Corporation of India in
writ petition No. 41501 of 2008 in which an
interim order was passed on 19.8.2008 and
the writ petition was subsequently allowed
by the judgment of the Division Bench
dated 7.9.2010. Reference has been made to
the interim order dated 12.10.2010 passed
in writ petition No. 62772 of 2010 Life
Insurance Corporation of India Vs. D.M./
District Election Officer and another and
Division Bench judgment dated 27.10.2010
passed in writ petition No. 64288 of 2010.
Sri Padia placed reliance on the judgment of
the apex court in Election Commission of
India (supra) in which the orders passed by
the District Election Officers deputing the
staff of State Bank of India was questioned
before the High Court and the High Court
allowed the writ petition against which the
Election Commission of India filed appeal
and the appeal was dismissed, holding that
the State Bank of India is not covered
within the definition of 'local authority'
hence, under section 159 the Staffs of the
State Bank of India could not be deputed the
duty pertaining to elections of Parliament or
Legislative Assembly. Sri Padia further
submits that with regard to the Panchayat
Election, the State Election Commission,
U.P. itself has issued a circular dated
3 All] L.I.C. of India and another V. District Magistrate and others
1161
23.9.2010,
directing
all
the
District
Magistrates /District Election Officers to
exempt staffs and officers of the Life
Insurance Corporation of India from
election duty. Learned Counsel for the
petitioners has also referred to and relied on
the provisions of Article 324(6) of the
Constitution of India and submits that
unless the orders are passed by the President
of
India
or
Regional
Election
Commissioner, no officer or employee of
the Life Insurance Corporation of India can
be entrusted any election duty towards
conduct of election of Parliament or
Assembly.

4.

Learned
Standing
Counsel
appearing for the respondents has refuted
the submissions of learned Counsel for the
petitioner and submits that officers and
staffs of the Life Insurance Corporation of
India can very well be entrusted election
duties in accordance with the provisions of
Representation of the People Act, 1951. It is
submitted that earlier only the staff under
the control of the State and Union as well as
staffs of the local authorities could have
been deputed for election duties but section
159 of the Representation of the People Act
having been amended, the Life Insurance
Corporation of India is also now included
under the amended provisions. It is
submitted that the judgment of the apex
Court in the case of Election Commission
of India (supra), which considered the
provisions of unamended section 159 is no
longer helpful to the petitioners after
amendment of the definition of section 159.
With regard to Division Bench Judgment of
this Court dated 7.9.2010, it has been
submitted that the said judgment having not
considered section 159 as amended, is
distinguishable and not applicable in the
facts of the present case.

5.

We
have
considered
the
submissions of learned counsel for the
parties and have perused the record.

6. Part XV of the Constitution of India
deals with "ELECTIONS". Article 324
provides for Superintendence, direction and
control of elections to be vested in an
Election Commission. Article 327 provides
for the power of Parliament to make
provision with respect to elections of the
Legislatures. Articles 324 and 327 of the
Constitution of India are quoted below:

"324. Superintendence, direction and
control of elections to be vested in an
Election
Commission.-
(1)
The
superintendence, direction and control of
the preparation of the electoral rolls for, and
the conduct of, all elections to Parliament
and to the Legislature of every State and of
elections to the offices of President and
Vice-President held under this Constitution
272 shall be vested in a Commission
(referred to in this Constitution as the
Election Commission).

(2) The Election Commission shall
consist of the Chief Election Commissioner
and such number of other Election
Commissioners, if any, as the President may
from time to time fix and the appointment of
the Chief Election Commissioner and other
Election Commissioners shall, subject to the
provisions of any law made in that behalf by
Parliament, be made by the President.

(3)
When
any
other
Election
Commissioner is so appointed the Chief
Election Commissioner shall act as the
Chairman of the Election Commission.

(4) Before each general election to the
House of the People and to the Legislative
Assembly of each State, and before the first
1162 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
general election and thereafter before each
biennial election to the Legislative Council
of each State having such Council, the
President
may
also
appoint
after
consultation with the Election Commission
such Regional Commissioners as he may
consider necessary to assist the Election
Commission in the performance of the
functions conferred on the Commission by
clause (1).

(5) Subject to the provisions of any law
made by Parliament, the conditions of
service and tenure of office of the Election
Commissioners
and
the
Regional
Commissioners shall be such as the
President may by rule determine:

Provided that the Chief Election
Commissioner shall not be removed from
his office except in like manner and on the
like grounds as a Judge of the Supreme
Court and the conditions of service of the
Chief Election Commissioner shall not be
varied to his disadvantage after his
appointment:

Provided further that any other
Election Commissioner or a Regional
Commissioner shall not be removed from
office except on the recommendation of the
Chief Election Commissioner.

(6) The President, or the Governor
_273 of a State, shall, when so requested by
the Election Commission, make available to
the Election Commission or to a Regional
Commissioner such staff as may be
necessary for the discharge of the functions
conferred on the Election Commission by
clause (1).

327. Power of Parliament to make
provision with respect to elections to
Legislatures.- Subject to the provisions of
this Constitution, Parliament may from time
to time by law make provision with respect
to all matters relating to, or in connection
with,
elections
to
either
House
of
Parliament or to the House or either House
of the Legislature of a State including the
preparation
of
electoral
rolls,
the
delimitation of constituencies and all other
matters necessary for securing the due
constitution of such House or Houses."

7. Article 324 (6) of the Constitution
of India on which reliance has been placed
by counsel for the petitioner provides that
when so requested by the Election
Commission, the President or the Governor
of the State shall make available to the
Election Commission or to a Regional
Commissioner such staff as may be
necessary for discharge of the functions
conferred on the Election Commission by
Clause (1). Article 324 vests power of
Superintendence, direction and control of
the preparation of the electoral rolls for, and
the conduct of, all elections to Parliament
and to the Legislature of every State and of
elections to the offices of President and
Vice-President in an Election Commission.
Article
324(6)
enables
the
Election
Commission to request the President or the
Governor of the State to make available
such staff as may be necessary. Article 327
specifically provides that subject to the
provisions of the Constitution of India,
Parliament may from time to time by law
make provision with respect to matters
relating to, or in connection with, elections
to either House of Parliament or to the
House or either House of the Legislature of
a State including the preparation of the
electoral rolls. The Parliament in exercise of
its power under Article 327 and all other
enabling
power
has
enacted
the
Representation of the People Act, 1950
(hereinafter referred to as "1950 Act") to
3 All] L.I.C. of India and another V. District Magistrate and others
1163
provide for the allocation of seats in, and the
delimitation of constituencies for the
purpose of elections to the House of the
people and Legislatures of the State, the
qualifications of voter at such elections and
the preparations of electoral rolls, the
manner of filling seats in the State and the
matters
connected
therewith.
The
Parliament enacted the Representation of
the People Act, 1951 (hereinafter referred to
as "1951 Act") for the conduct of elections
of the Houses of Parliament and to the
House or Houses of the Legislature of each
State,
the
qualifications
and
disqualifications for membership of those
Houses, the corrupt practices and other
offences at or in connection with such
elections and the decision of doubts and
disputes arising out of or in connection with
such elections. Section 13A of 1950 Act
provides for Chief electoral officers, Section
13AA provides of District election officers.
Section 13 A and Section 13AA of the 1950
Act are quoted below:

"13A. Chief electoral officers.--(1)
There shall be for each State a chief
electoral officer who shall be such officer of
Government as the Election Commission
may, in consultation with that Government,
designate or nominate in this behalf.

(2) Subject to the superintendence,
direction and control of the Election
Commission, the chief electoral officer shall
supervise the preparation, revision and
correction of all electoral rolls in the State
under this Act.

13AA. District election officers.--(1)
For each district in a State, the Election
Commission shall, in consultation with the
Government of the State, designate or
nominate a district election officer who
shall be an officer of Government:

Provided that the Election Commission
may designate or nominate more than one
such officer for a district if the Election
Commission is satisfied that the functions of
the office cannot be performed satisfactorily
by one officer.

(2) Where more than one district
election officer are designated or nominated
for a district under the proviso to subsection (1), the Election Commission shall
in the order designating or nominating the
district election officers also specify the
area in respect of which each such officer
shall exercise jurisdiction.

(3) Subject to the superintendence,
direction and control of the chief electoral
officer, the district election officer shall
coordinate and supervise all work in the
district or in the area within his jurisdiction
in connection with the preparation and
revision of the electoral rolls for all
parliamentary,
assembly
and
council
constituencies within the district.

(4) The district election officer shall
also perform such other functions as may be
entrusted
to
him
by
the
Election
Commission and the chief electoral officer."

Section 29 of the 1950 Act provides as
follows:

"29. Staff of local authorities to be
made available .-- Every local authority in a
State shall, when so requested by the chief
electoral officer of the State, make available
to any electoral registration officer such
staff as may be necessary for the
performance of any duties in connection
with the preparation and revision of
electoral rolls."

8. According to Section 2(cc) of 1951
1164 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
Act, "district election officer" means the
officer appointed under section 13A of the
Representation of the People Act, 1950.
Section 20 A of 1951 Act provides for
General duties of district election officer
which are as follows:

"20A. General duties of district
election officer. --(1) Subject to the
superintendence, direction and control of
the chief electoral officer, the district
election officer shall coordinate and
supervise all work in the district or in the
area within his jurisdiction in connection
with the conduct of all elections to
Parliament and the Legislature of the State.

(2 ) The district election officer shall
also perform such other functions as may be
entrusted
to
him
by
the
Election
Commission and the chief electoral officer."

9. Section 26 of 1951 Act provides for
Appointment of presiding officers for
polling stations. Part X of 1951 Act contains
heading "Miscellaneous" Section 159 of
1951 Act , which is material for the present
case as it exists in the Statute Book is as
follows:

"159. Staff of certain authorities to be
made available for election work.--(1) The
authorities specified in subsection (2) shall,
when
so
requested
by
a
Regional
Commissioner appointed under clause (4)
of article 324 or the Chief Electoral Officer
of the State, make available to any returning
officer such staff as may be necessary for
the performance of any duties in connection
with an election.

(2) The following shall be the
authorities for the purpose of sub-section
(1), namely:--

(i) every local authority;

(ii) every university established or
incorporated by or under a Central,
Provincial or State Act;

(iii) a Government company as defined
in section 617 of the Companies Act, 1956
(1 of 1956);

(iv) any other institution, concern or
undertaking which is established by or
under a Central, Provincial or State Act or
which is controlled, or financed wholly or
substantially by funds provided, directly or
indirectly, by the Central Government or a
State Government."

10. Section 159 as it existed and was
substituted by Act No. 12 of 1998 w.e.f.
23.12.1997 prior to the Amendment Act 159
was to the following effect:

"159. Staff of every local authority to
be made available for election work. (
Every local authority in a State shall, when
so requested by a Regional Commissioner
appointed under clause (4) of Article 324 or
the Chief Electoral Officer of the State,
make available to any returning officer such
staff as may be necessary for the
performance of any duties in connection
with an election."

11. After having noticed the relevant
Constitutional provisions and the provisions
of 1950 Act and 1951 Act, the submissions
of the petitioners' counsel that the election
duty can be entrusted in accordance with
Article 324(6) may be considered now. As
noticed above Article 324 (6) is an enabling
power of the Election Commission to
request for such staff to be deputed by the
President or the Governor of the State.
Under Article 327 of the Constitution of
3 All] L.I.C. of India and another V. District Magistrate and others
1165
India, the Parliament has enacted 1950 Act
and 1951 Act. Both the aforesaid Acts
having been enacted for the purposes as
noted above, the source of power to
requisition officers and employees for
performing election duties can be traced
from 1950 Act and 1951 Act also. The
submission of the learned counsel for the
petitioner that engagement of the officers
and staffs should be only done in
accordance with Article 324(6) of the
Constitution of India, is misconceived and
ignores the statutory provisions and scheme
of 1950 and 1951 Act.

12. In the writ petition, the main
ground for challenging the impugned order
is that the Life Insurance Corporation of
India is not covered by the definition of the
local authority and for election duties only
the employees of the State and the Union
and the Local Authorities can be engaged
and the Life Insurance Corporation of India
being not covered by the definition of the
local authority, the direction issued by the
District Election Officer is illegal. For this
submission, much reliance has been placed
by learned counsel for the petitioner on the
judgment of the apex Court in Election
Commission of India (Supra). It is useful
to refer the said judgment in detail which
has been relied by counsel for the
petitioners. Election Commission of India
had filed two appeals, challenging the
judgment and order of the Patna High Court
as well as Rajasthan High Court regarding
conduct of elections. The District Election
Officer had issued an order on 22.9.1991,
directing the Chief General Manager, State
Bank of India forwarding list of the officers
and staffs for appointment of Presiding
Officers
for
mid-term
parliamentary
elections and Assembly by-election. The
said order was challenged before the Patna
High Court. The Patna High Court allowed
the writ petition taking the view that District
Election Officer had no power under section
26 of the 1951 Act to requisition the
services of the employees of the State Bank
of India, it being not a local authority within
the meaning of Section 159 of the 1951 Act.
Following was observed in paragraph 9:

"9. The High Court, by the impugned
judgment dated 21-5-1993, held that the
District Election Officer had no power
under Section 26 of the 1951 Act to
requisition the services of employees of the
State Bank of India for election duty. The
High Court took the view that the State
Bank of India was not a local authority
within the meaning of Section 159 of the
1951 Act. Accordingly, the High Court
quashed the orders and issued a writ in the
nature of mandamus commanding the
Election Commission of India not to
requisition the services of the employees of
State Bank of India in exercise of its power
under Section 26 of the 1951 Act."

13. The apex Court referring to the
Constitutional provisions of 1951 Act, took
the view that officer of the State Bank being
not such staff which may be engaged under
section 159, the orders were without
jurisdiction following was laid down in
paragraphs 18, 20 and 21:-

"18. We assume that the powers of the
Election Commission under Article 324 are
plenary.
Therefore,
the
Election
Commission may issue any direction in the
matter of conduct of elections. But the
question is, in the grab of conduct of
elections, can the Election Commission
usurp the power not vested in it? This will
depend on the understanding of clause (6)
of Article 324. For the conduct of elections
when the Election Commission makes a
request to the President or the Governor to
1166 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
make available the staff they are obliged to
provide the services. What is the meaning of
'such staff? According to Mr. Dushyant
Dave we should refer to Article 310 which
talks of a member of Civil Service (in
contradistinction to Defence Service of the
Union or the State), holding office during
the pleasure (Durante bene placito) of
President or the Governor. Obviously 'such
staff' can only mean that staff which is
under the control of the President or the
concerned Governor and not any staff over
which they do not exercise control. It could
mean only the staff on which the President
or the Governor, as the case may be, would
be in a position to exercise disciplinary
powers should they refuse the President's or
Governor's
directive.
Although
the
Constitution-makers did not say the Union
or the State Governments but only the
President or the Governor, it is obvious they
would have to act consistently with Articles
74(1) and 163(1), respectively. Therefore,
on a request by the Election Commission
the services of those Government servants
who are appointed to public services and
posts
under
the
Central
or
state
Governments will have to be made
available for the purpose of election. When
the Constitution came into force the services
of these officers were readily available. Of
course, there were also local authorities
and the services of the employees of the
local authorities were also available. That
is why Section 159 of the 1951 Act provides
that
on
request
from
the
Regional
Commissioner or the Chief Electoral
Officer of the State the local authority of the
State shall make available to any Returning
Officer such staff as may be necessary to
carry out the duties in connection with an
election.

20. Merely because the provisions of
the two Acts require that they must be
officers of Government or local authority,
unlike in the case of officers falling under
Section 27 of the 1951 Act, it does not, in
our opinion, follow that the services of the
officers of the State Bank of India could be
requisitioned. Section 26 of the 1951 Act is
not a source of power at all. It does not, in
any
manner,
enable
the
Election
Commission to draft in the services of
officers other than officers of Government
and local authority. To draw inspiration
from these sections to support an argument
that the services of any person could be
drafted for the purpose of election is
untenable. May be, to conduct the elections
many
polling
stations
are
set
up.
Consequently, the services of many persons
may be required. May be, the Election
Commission may draw the minimum staff
from the banks to ensure that the banking
business is not disrupted but the question
here is of power and not discretion. If there
is power it may be exercised with
circumspection and minimum staff may be
requisitioned but if there is no power the
question of the mode of its exercise will not
arise at all. It is a question of existence of
power and not the manner of its exercise.

21. Article 324 does not enable the
Election
Commission
to
exercise
untrammelled
powers.
The
Election
Commission must trace its power either to
the Constitution or the law made under
Article 327 or Article 328. Otherwise as
was held by this Court Digvijay Mote's
case, (1993 AIR SCW 2895) (Supra) (in
which one of us, Mohan J., was a party) it
would become an imperium in imperio
which no one is under our constitutional
order."

14. It is relevant to note that the
judgment of the apex Court was considering
the unamended section 159 as quoted
3 All] L.I.C. of India and another V. District Magistrate and others
1167
above. Subsequent to the judgment of the
apex Court, section 159 has been amended
with effect from 23.12.1997 and apart from
staffs of the local authority, three more other
new categories have been added in section
159, which could be requisitioned for
conduct of the election duties. Section 159
(2) (iv) embraces in itself any other
institution, concern or undertaking which is
established by or under a Central, Provincial
or State Act or which is controlled or
financed wholly or substantially by funds
provided, directly or indirectly, by the
Central Government or a State Government.
Life Insurance Corporation of India having
been established by the Parliamentary Act
namely; Life Insurance Corporation Act
1956, is clearly covered by section 159
(2)(iv). Thus, the engagement of the staffs
of the L.I.C. after the amendment of the
Section 159, cannot be questioned on the
ground that Life Insurance Corporation of
India is not covered within the definition of
the local authority. The judgment of the
apex Court in Election Commission of
India (supra) is not applicable in the
context of amended section 159 thus, the
above
judgment
does
not
help
the
petitioners in this case. The next judgment
relied by learned Counsel for the petitioner
is the Division Bench Judgment of this
Court in Life Insurance Corporation of
India and others Vs. Additional City
Magistrate and others, writ petition No.
41501 of 2008 decided on 7.9.2010
(Annexure-1 to the writ petition) In the said
judgment the Division Bench, while
allowing the writ petition made following
observation:

"The employees/officers are working
with the Life Insurance Corporation, who
have been called for to prepare the electoral
roll, identity card etc. and conducting the
elections by the Additional City Magistrate,
Agra. They cannot be called for either by
the Collector or by the Returning Officer in
view of clear cut provision contained in
Section 28-A of The Representation of the
People Act, 1950 and the law laid down by
the Apex Court in Election Commission of
India (supra).

In this view of the matter, the writ
petition succeeds and is allowed. The
impugned orders passed by the respondents
are quashed. No order as to costs."

15. Section 159 as amended w.e.f.
23.12.1997, was not placed before the
Division Bench deciding the aforesaid case.
Reliance was placed on the judgment of the
apex Court in Election Commission of India
(supra) which is no longer applicable in
view of the amendment of section 159.
Only section 28A was placed before the
Division Bench and the Section 159 of 1951
Act as amended was not placed before the
Division Bench, in the said judgment no
such proposition could be read that Staff
and Officers of the Life Insurance
Corporation of India cannot be requisitioned
for conduct of the election duties of the
Legislative Council.

16.

Learned
Counsel
for
the
petitioners has relied on an another Division
Bench Judgment in writ petition No. 64288
of 2010, Life Insurance Corporation of
India
and
others
Vs.
District
Magistrate/D.E.O. and another decided on
27.10.2010. The said judgment is based on
the circular issued by the State Election
Commission of India dated 23.9.2010. The
Circular dated 23.9.2010 of the State
Election Commission of India has been
filed as Annexure-2 to the writ petition,
which is a letter issued by the Additional
Commissioner
of
the
State
Election
Commission informing the decision of the
1168 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
Commission that in Panchayat General
Election 2010, the officer and Staffs of Life
Insurance
Corporation
of
India
be
exempted. The said order was relevant for
general Panchayat Election 2010 and have
no effect with regard to conduct of election
of Legislative Council. The Division Bench
in the aforesaid judgment dated 27.10.2010
having been based on the Circular of the
State Election Commission, is not relevant
with regard to the election of the Legislative
Council and the directions passed by the
Division Bench was only with regard to the
election of Panchayat 2010 and does not
help the petitioners in any manner.

17. Another detailed interim order
dated 28.5.2010, passed by the Division
Bench of this Court in writ petition No.
28736
of
2010,
Life
Insurance
Corporation of India & others Vs.
Municipal Commissioner, Kanpur has
been relied, which has been filed as
Annexure-8 to the writ petition. The said
case was considering the requisition of
staffs of Life Insurance Corporation of India
for the purposes of census. Section 4-A of
the Census Act as noticed by the Division
Bench are to the following effect:

" 4A. Staff of every local authority to
be made available for taking census-- Every
local authority in a State shall, when so
directed by a written order by the Central
Government or by an authority appointed
by that Government in this behalf, make
available to any Director of Census
Operations such staff as may be necessary
for the performance of any duties in
connection with the taking of census."

18. The said Division Bench judgment
was considering the requisition of Staff for
the purpose of Census Act and as per
section 4 A, the Staff of local authority is to
be made available for taking census. In the
said case, there was no consideration of
requisition
for
Legislative
Assembly
Election. Although section 159 unamended
has been noticed by the Division Bench but
the said order at best can relate with regard
to Census Act, 1948 and is clearly
distinguishable. None of the submissions of
the counsel for the petitioners has any
substance. In the writ petition no other
ground has been raised for challenging the
orders passed by the District Election
Officer.

19. Section 159(1) provides that the
authorities specified in sub-section (2) shall,
when
so
requested
by
a
Regional
Commissioner or the Chief Electoral
Officer of the State, make available to any
returning officer such staff as may be
necessary for the performance of any duties
in connection with an election. The writ
petition does not raise any ground that Chief
Electoral Officer of the State has not issued
any such direction. As noticed above, the
District Election Officer is to perform such
functions as may be entrusted to him by the
Election
Commission
and
the
Chief
Electoral Officer. Neither any ground
having been raised on the aforesaid point
nor any submission having been made, it is
not necessary for us to express any opinion
as to whether the requisition of staff is on
the basis of the direction of the Chief
Electoral Officer or not.

20. No ground have been made out to
interfere with the impugned orders. The
petitioner is not entitled to any relief in the
writ petition.

All the writ petitions are dismissed.
---------
3 All] Dileep Singh and another V. State of U.P. and another
1169
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 26.10.2010

BEFORE
THE HON'BLE B.K. NARAYANA, J.

Criliminal Misc. Transfer Appli. No. 591 of 2010

Dileep Singh and another ...Applicants
Versus
State of U.P. and another ...Opposite Parties

Counsel for the Applicant:
Sri Prashant kumar Singh
Sri R.B. Singhal

Counsel for the Complainent:
Sri Mohit Singh
A.G.A.

Code of Criminal Procedure-Transfer of
Criminal Trail-from one court to anotherrejection thereof without recording the
reasons
for
rejection-held-can
not
sustained-concept of reasoned judgment
became indispensable part of basic rule
of law-matter remitted back for fresh
consideration.

Held: Para 16

The learned Sessions Judge, refused the
prayer for transfer without making any
effort to determine the veracity of the
grounds on which the transfer was
sought
and
rejected
the
transfer
application
without
assigning
any
reason.
Case law discussed:
JT 2010(10) SC 26

(Delivered by Hon'ble B.K. Narayana, J.)

1. Learned counsel for the applicants
is permitted to correct the prayer.

2. Heard Sri R.B.Singhal learned
Senior Advocate assisted by Sri Prashant
Kumar Singh and Sri Mohit Singhfor
opposite party No.2 and learned AGA for
the State.

3. Since the facts of the case are not
in dispute, with the consent of the learned
counsel for the parties this transfer
application is being finally disposed of at
this stage without calling for any counter
affidavit.

4. The applicants are facing trial for
the offence punishable under Section
323/324/325/498A IPC and 3/4 D.P.Act
arising out of case crime no.770 of 2007,
Police
Station
Chandausi,
District
Moradabad, in case no.427 of 2008, State
Vs Abhijeet Singh and others, pending in
the court of Additional Chief Judicial
Magistrate, Chandausi, Moradabad. Two
criminal appeals being Criminal Appeal
Nos. 9 and 16 of 2008 Mandakini Vs
State and Madhavendra Singh Vs State
filed by the applicant No.2 and opposite
party No.2 respectively are also pending
before the Additional Sessions Judge,
Chandausi, Moradabad .

5. From the averments made in the
affidavit filed in support of the transfer
application it appears that the applicants
moved a transfer application being
transfer application no.39 of 2010 Dilip
Singh and another Vs State and another
before the Sessions Judge Moradabad.
with a prayer that the aforementioned
cases be transferred from the court of
Additional Chief Judicial Magistrate,
Chandausi, Moradabad and Additional
Sessions Judge, Chandausi, Moradabad to
any other court of co-ordinate jurisdiction
in the same sessions division.

6. The transfer was sought on the
ground
that
the
ancestors
of
the
complainant/ opposite party No .2 have