KARNATAKA BANK LIMITED Vs. CHIEF ELECTORAL OFFICER

JUDGEMENT

(1.) THOUGH this petition is listed for preliminary hearing, with the consent of the learned Counsel for the parties, the matter is taken up for final hearing and is disposed of in view of urgency in the matter.

(2.) PETITIONER in this petition has sought for a declaration to declare that the staff in private sector bank like the petitioner are outside the purview of Section 159 of the Representation of People Act, 1951. Further, petitioner has sought for quashing the notice dated 13th Marc, 2009, issued by the Thasildar, Mangalore, produced at Annexure A1, notice dated 12th march 2009, issued by the Tahsildar, Ramanagara Taluk produced as annexure A2, and the notice dated 31st January, 2009, issued by the tahsildar, Hunsur Taluk produced as Annexure A3 and all further proceedings pursuant to the same.

(3.) PETITIONER in this petition is a Banking Company, incorporated under the Companies Act, 1913 and carrying on is banking activities throughout the country and is not a Nationalized Bank, but is a Scheduled Bank in the private sector. It is stated that, the petitioner Bank has been carrying on its activities and rendering its services to the public in general and its customers, in particular as per the norms and bye-laws issued by the reserve Bank of India. Be that as it may, in view of the ensuing Lok sabha elections scheduled to be held during the months of April - May 2009 in the State of Karnataka, the petitioner, to their shock and surprise, viz. The General Managers of the petitioner - Bank pertaining to Mangalore taluk, Ramangar Taluk and Chilkund, Hunasur Taluk have received communications respectively dated 13th March 2009 from the Tahsildar, ramanagaram Taluk and dated 31st January 2009 from the Tahsildar, hunsur Taluk, seeking particulars of the officers and staff of the petitioner- Bank in order to utilize their services for election duty for smooth conduct of Lok Sabha Elections, 2009.