Kolkata: The Calcutta High Court has held that employees of an autonomous cooperative bank cannot be requisitioned for election-related duties or included in an election personnel database, as they do not fall within the categories of staff permitted to be deployed under election law.
Justice Krishna Rao passed the order while allowing a writ petition filed by employees of Balageria Central Cooperative Bank Ltd, who had challenged a communication issued by the District Magistrate-cum-District Election Officer of East Midnapore. The communication had directed the bank to upload employee details on a government election management portal for the preparation of personnel data ahead of the 2026 West Bengal Assembly elections.
The court observed that the cooperative bank is a registered body governed by its own bye-laws and managed by an elected board. It noted that the bank is neither owned nor controlled by the State and that the salaries and service benefits of its employees are paid exclusively from the bank’s own funds.
Examining Article 324 of the Constitution alongside provisions of the Representation of the People Act, the court held that the powers of the Election Commission to requisition staff are circumscribed by statute. It ruled that Article 324 does not override Section 159 of the Act, which limits election duty requisition to government employees, local authorities, or institutions established, controlled or substantially funded by the government.
Finding that the cooperative bank does not fall within any such category, the court set aside and quashed the communication directing the upload of employee details on the portal emms.wb.gov.in and allowed the writ petition.