Post only those ‘eligible’ as returning officers, Election Commission urged

According to a representation sent to the Election Commission of India and the Chief Electoral Officer (CEO) of Haryana, as many as 18 Sub Divisional Magistrates (SDMs) don’t fulfil basic qualification for the appointment of returning officer (RO) for the October 5 Assembly polls.

Point of law

• As many as 18 SDMs have been designated as ex officio returning officers for the Assembly elections
• However, as per government rules, these 2020-batch HCS officers are not ‘eligible’ to be appointed as SDMs as they have not completed five years’ service
• Representation sent to the EC to intervene so that ‘eligible’ officer can be appointed as the SDM. They can later be designated as the Returning Officers

In his representation, Hemant Kumar, an advocate of the Punjab and Haryana High Court, brought to the notice of the EC that 18 officers of the 2020 batch of the Haryana Civil Service (HCS) were at present posted as SDMs in different subdivisions across the state. “They have been ex officio designated as the ROs by the EC under Section 21 of Representation of the People Act, 1951,” the representation said.

However, they don’t fulfil the benchmark of having minimum five years of service in HCS cadre as required for the posting as the SDM as per prevalent cadre strength and composition order issued by the state government, it alleged.

The officers posted as the SDMs included Mohit Kumar (Narnaund), Harbir Singh (Hisar), Jyoti (Israna), Amit Kumar-II (Sonepat), Mayank Bhardwaj (Ballabhgarh), Jai Parkash (Radaur), Ravindra Malik (Beri), Prateek Hooda (Tohana), Amit Mann (Badkhal), Amit (Samalkha), Ramit Yadav (Nangal Chaudhary), Amit Kumar-III (Kanina), Ajay Singh (Kaithal), Rajesh Kumar Soni (Gharaunda), Aman Kumar (Pehowa), Gaurav Chauhan (Panchkula), Naseeb Kumar (Ladwa) and Vijay Kumar Yadav (Kosli).

“There is no denying the fact that the posting and transfer of officers is the prerogative of the competent authority (in case of HCS-EB officers, it’s the state government in the Personnel and Training Department which comes directly under Chief Minister/Chief Secretary). However, the HCS Cadre Strength and Composition Order as issued by the Chief Secretary on October 15, 2020, the posts of the SDMs are shown therein under the head of senior scale/selection grade (5-15 years of service),” the representation asserted.

The representation hoped that the EC would take an urgent call to intervene in this matter and take decision to ensure posting of eligible HCS officers with minimum five years of service. The new officers can later be appointed as ROs of the respective Assembly constituencies in the state, it was stated.