A division bench of the high court on Tuesday ruled that government college teachers must serve as presiding officers in the Assembly elections, because “every citizen has to work in the national interest and no one can overlook that”.

The division bench of Justices Shampa Sarkar and Ajay Gupta was hearing an appeal by the Election Commission against a single-judge order that had exempted government college teachers from election duties. The bench stayed that order.

The single bench had earlier set aside the EC’s decision to deploy government college teachers as presiding officers for polling stations.

On Tuesday, the division bench observed: “In the instant case, those who have been assigned the duty of a presiding officer are all government college teachers. Therefore, their appointment as presiding officers cannot be objected to.”

The judges questioned why the teachers were resisting poll duty when several of their colleagues had already agreed to comply with the EC’s order.

The ruling came just two days before the first phase of polling in Bengal.

One of the lawyers appearing for the EC cited Article 324 of the Constitution, which empowers the EC with “superintendence, direction and control” over elections and requires the President or Governor to make available staff if necessary.

The lawyer argued that the provision enables the EC to requisition personnel necessary for conducting elections. “The court understood the magnitude of the exercise entrusted to the Election Commission and gave an interim order,” the lawyer said.

Aditya Mondal, one of the lawyers representing the government college teachers, said the EC also relied on Section 159 of the Representation of the People Act, 1951, which mandates that authorities such as universities, local bodies and government institutions must provide staff for election duty when required by returning officers.

This ensures adequate personnel for elections under the supervision of the state’s chief electoral officer, he said.

Mondal added: “The division bench ordered an interim stay on the ground that conducting an election was a constitutional responsibility, and elections are knocking at the door.”

“Referring to Section 159, EC counsel had argued that the commission has powers to requisition staff during an election.”

Last week, Justice Krishna Rao had quashed the EC directive, citing its 2010 guidelines that state that Group A officers, including college teachers, should not be assigned polling station duties unless unavoidable circumstances are recorded in writing by district election officers. The court had noted that the EC failed to establish such circumstances.

On Tuesday, however, the division bench rejected the teachers’ plea to be deployed as micro observers instead of presiding officers.

“College teachers had never been previously assigned the duty of a micro observer. If the teachers are assigned the duty of a presiding officer, that is an extremely important responsibility. The ambit of a presiding officer’s duty is wider in nature. Even the sector officers are not set above the presiding officers,” the division bench said.

“Government college teachers must realise the crucial role they are required to play in conducting the election,” it added.

The bench, in its signed order, said: “It is an admitted position that the members of the society who are allegedly aggrieved by their appointment as presiding officers are employees of colleges fully controlled by the state government. Thus, prima facie, their appointment is neither illegal nor contrary to the constitutional mandate or the legislative mandate.”

It added: “Moreover, we also find that five days prior to the scheduled date of election, when the training was being imparted, the order (of the single bench) was passed. The effect of the order impugned before us will result in a chaotic situation. The Election Commission will not be in a position to either requisition fresh persons to act as presiding officers, and more importantly, impart training to them."

Government college teachers began receiving deployment letters from the EC in mid-March, after the announcement of the two-phase election schedule.

Bengal is set to vote on April 23 and April 29.

A section of government college teachers under the West Bengal State Education Service moved the court on April 8, challenging the EC’s decision.

Apart from relying on the 2010 guidelines, the petitioners had argued that as Group A officers, college teachers should not be assigned presiding officer duties.