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The Allahabad High Court today dismissed a writ petition that had challenged a Government Order dated January 18^th whereby the Election Officers had been directed to attend a 'physical training' on January 24^th and 25^th with regards to their duties on polling days during Uttar Pradesh Assembly Elections, 2022. 

After taking the Election Commission of India's reply into account that as the Polls will not be online, the officers who will take charge of the Polling booths also need to be trained accordingly, the bench of Justice Siddhartha Varma and Justice Shekhar Kumar Yadav decided not to interfere in the matter at the last moment.

The court noted in the order, "We are of the view that at this stage no interference is warranted. The State Government and the Election Commission have made ample arrangements for the training, therefore, the training may be conducted as per the program. Whosoever is unable to take the training today and tomorrow, may get themselves trained on 29^th."

The petitioner, an education institution named Dayalbagh Education Institute had moved the High Court with its writ petition submitting that out of 324 individuals whom Election Commission of India (ECI) is set to train, 194 persons have been called for training on 24th and 25th January 2022 and among these 194, few are suffering from such diseases which would make them susceptible to Covid-19 infection.

Today, petitioner's counsel, Advocate Kartikey Saran argued that when Returning officers, who are officers of the ECI or State Government such as District Magistrate / Sub Divisional Magistrate etc., can be trained online, why cannot the teachers of the Institute be trained in Online mode?

He also presented an order as issued by the ECI, wherein, directions for the online training of the Returning Officers were provided. Relying on this order, Adv. Saran asserted that this order is proof that ECI has the infrastructure for online training of the Election Officers and as the teachers are educated people who can cope with online training, therefore, this discrimination by the ECI between training mode for Returning officers and Presiding Officers is unjust. 

To this, the ECI replied that the number of Returning officers is much smaller than Presiding Officers and as the latter will have to deal with voters directly, therefore, their adequate and proper training is essential. 

The ECI also ensured the court that ECI has taken the decision after due deliberation and ample arrangements have been made for safe physical training of such officers which will include proper sanitization of the premises and maintenance of social distancing. 

Taking note of all the submissions, the court opined that as the training is scheduled for today and tomorrow and ECI had already asked the officers who by any reason cannot take part in the training on the scheduled dates, can take part on 29^th January, no interference is required. 

Case Title: Dayalbagh Education Institute v. Election Commission of India and 2 Others