Calcutta HC cancels EC notification appointing professors as presiding officers

The Calcutta High Court has cancelled a notification issued by the Election Commission of India that allowed the appointment of college professors as Presiding Officers for the upcoming West Bengal Assembly elections. The court observed that the Commission failed to provide a satisfactory explanation for assigning professors to polling duties despite repeated queries during the hearing.

Delivering the order, Justice Krishna Rao stated that the Commission was unable to justify its decision even after being given multiple opportunities. The court had earlier questioned the rationale behind deploying professors at polling booths, noting that the notification’s scope was unusually broad. During the hearing, the judge had also remarked that such provisions could theoretically allow even judges to be appointed for polling duty.

The Commission had argued that with elections approaching, there was insufficient time to recruit and train new personnel, making it necessary to utilise available resources, including college professors. However, the court rejected this reasoning, stating that administrative constraints could not justify deviation from established norms and procedures governing election duties.

In its final order, the court cancelled the notification appointing professors as Presiding Officers. However, it clarified that the ruling would not affect those who have already undergone training for election duty. Individuals who had challenged the notification have been exempted, while those who completed training and did not object may continue to perform their assigned roles.

The case highlighted concerns over administrative hierarchy and procedural norms, as Presiding Officers typically function under Block Development Officers, a rank generally lower than that of college professors. The court’s decision has now created an immediate operational challenge for the Commission, which must ensure adequate staffing arrangements ahead of the polls.