Calcutta High Court Quashes Election Commission Directive Requiring Cooperative Bank Employees For Poll Duties

The Calcutta High Court has set aside a directive issued by the Election Commission of India (EC) that sought to requisition employees of Balageria Central Cooperative Bank Ltd. for duties in connection with the upcoming West Bengal Legislative Assembly elections, 2026. The petitioners, employees of the autonomous cooperative bank, challenged the communication dated 19th September 2025, which required their details to be uploaded on the EC's portal for the preparation of the election personnel database.

The petitioners contended that Balageria Central Cooperative Bank is a registered cooperative society governed by its own bye-laws, managed by an elected board, and fully autonomous in its operations. Salaries and service benefits of the employees are paid entirely from the bank's funds, with no control, funding, or supervision by the State or Central Government.

Consequently, the employees argued, they cannot be treated as government staff whose services can be requisitioned by the Election Commission under Article 324(6) of the Constitution or Sections 26 and 159 of the Representation of the People Act, 1951.

Justice Krishna Rao observed that the Election Commission can only requisition the services of staff over which the President or the Governor exercises control or disciplinary authority. The Court noted that cooperative banks, being autonomous entities, fall outside the categories of public authorities or government-controlled organisations whose employees may be deployed for election duties.

Relying on precedents including Election Commission of India v. State Bank of India Staff Association, the Court held that powers under Article 324 and Section 159 must be exercised strictly within their statutory and constitutional limits.

The Court quashed the EC notice directing the bank to upload employee data on the government portal, emphasising that autonomous cooperative bank employees cannot be compelled to perform election-related work.

The writ petition (WPA No. 27006 of 2025) was thus allowed, and no order as to costs was made.

Case: Bikash Rath & Ors. v. Election Commission of India & Ors.

Case No: WPA No. 27006 of 2025

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