IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4182 of 2009 GOV.BODY OF Z.A.ISLAMIA COLLEG, Siwan through its Secretary, Zafar Ahmad Ghani, son of late M.N. AHMAD Ghani, resident of Purana Quila, P.S. Siwan Town, District- Siwan. Versus 1.THE CHIEF ELECTION COMMISSIONER, Nirvachan Bhawan, New Delhi. 1(A)The State of Bihar through the Chief Secretary, Patna. 2 The Chief Election Officer, Bihar, Patna. 3.District Election Officer-cum-District Magistrate, Siwan. ----------- For the petitioner : Mr. Abhinav Srivastava,Advocate For Chief Electoral Officer: Mr. J.P. Karn,Advocate For the State: Mr. Sidhartha Prasad, A.C. to AAG-9 --- 2. 8.4.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Election Commission. The petitioner seeks quashing of the letter dated 25.3.2009 issued by the District Election Officer-cum- District Magistrate, Siwan ( respondent No.3), by which the Principal of the petitioner-College has been sent the appointment letters of 111 employees of the College to be appointed as Flying Squad, Magistrate/ Micro Observer/ Presiding Officer/ Election Officer and Digital Camera Operator in the ensuing Lok Sabha Elections, 2009. Learned counsel for the petitioner ultimately admits that the Institution in question would be covered by the powers of requisition conferred upon the Election Commission by Section 159 of the Representation of People Act being an Institution substantially financed by the State Government. However, his contention is that the process was initiated under Section 26 of the Act which confers the power to appoint Presiding Officers of Polling Stations and for the said reasons the same is invalid. It is submitted that under Section 159 of the Act, the 2 requisition has to be made by the Chief Electoral Officer, whereas the requisition dated 28.2.2009 has been made by the District Election Officer-cum- District Magistrate, Siwan. In this regard, learned counsel for the petitioner relies upon a decision of a learned single Judge of this Court in the case of State Bank of India Officers Association, Patna v. The State Election Commission, Bihar, Patna: 2005 (4) PLJR 549 wherein it has been laid down that the requisition of officer/ staff of the State Bank of India can only be made by a legal and valid requisition of their services and not otherwise. Learned counsel for the Election Commission has produced before this Court a Circular Letter bearing No.1393 dated 5.3.2009 issued by the Chief Electoral Officer addressed to all the incharge authorities, among others of Institutions wholly or substantially financed by the State Government. It is, thus, submitted that the requisition, in fact, has been made by the Chief Electoral Officer and the further steps only are being taken at the District level by the District Election Officer. For the said reasons, according to him, there has been full compliance with the provisions of Section 159 of the Act and the requisition has been made pursuant to the letter dated 5.3.2009 issued by the Chief Electoral Officer. After considering the rival submissions of the parties, this Court finds that a valid request has been made by aforesaid memo dated 28.2.2009 of the District Election Officer to supply the list of staff working in the College. Similarly letter dated 25.3.2009 of the District 3 Election Officer pursuant to letter dated 5.3.2009 issued by the Chief Election Officer, Bihar is also legal and valid. Thus, there is no merit in the writ application and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta,J.)