HC Advocate questions eligibility of 18 HCS officers designated as ROs; writes to ECI, Haryana CEO

Babushahhi Bureau

Chandigarh, September 14, 2024: As the Haryana Assembly Elections is around the corner, Hemant Kumar, Advocate in Punjab and Haryana High Court has questioned the eligibility of 18 HCS officers designated as Returning Officers (AROs) in Haryana.

Hemant Kumar has written to  the Election Commission of India (ECI), Election Commisioners, Chief Electoral Officer (CEO) pointing out that 18 incumbent Returning Officers (ROs) i.e. HCS (EB) officers posted as Sub-Divisional Officers(Civil), who are ex-officio designated by the Election Commission of India (ECI) in the State of Haryana don't even fulfill the requirement of minimum 5 years of service in Haryana Civil Service (Executive Branch)- HCS-EB so as to become eligible for posting as Sub-Divisional Officer (Civil) thus questioning their eligibility and continuance as ROs in ongoing 15th Haryana Vidhan Sabha General Election 2024.

Here is the copy of the letter.

1. Shri Rajiv Kumar, 

Hon'ble Chief Election Commissioner.

 2. Shri Gyanesh Kumar, 

Hon'ble Election Commissioner.

 3. Dr. Sukhbir Singh Sandhu, 

Hon'ble Election Commissioner.

4. Shri Pankaj Agarwal, IAS

Chief Electoral Officer(CEO), Haryana.

 Memo No. HK-GA / Spl./ ECI /CEOHR/ 15HVS-GE-2024 / Haryana / RO- SDO(Civil)-SDM / Dated 14 Sep 2024

Subject - 18 incumbent  Returning Officers (ROs) i.e. HCS (EB) officers posted as Sub-Divisional Officers(Civil), who are ex-officio designated by the Election Commission of India (ECI) under Section 21 of Representation of the People Act, 1951 with regard to respective Assembly Constituencies (ACs) in the State of Haryana  don't even fulfill the  requirement of minimum 5 years of service in Haryana Civil Service (Executive Branch)- HCS-EB so as to become eligible for posting as Sub-Divisional Officer (Civil) thus consequently serious question arises over their eligibility and continuance as ROs in ongoing 15th Haryana Vidhan Sabha General Election 2024

With due respect and utmost regard, the undersigned, Hemant Kumar, a Citizen of India, a Bonafide resident of State of Haryana & an Advocate at Punjab and Haryana High Court, Chandigarh hereby, vide this email communication, would  like to bring to the kind notice of Election Commission of India (ECI) the fact that as on date, a dozen and a half (read eighteen-18) officers in the cadre of Haryana Civil Service (Executive Branch) -HCS (EB), which is the State Civil Service of Haryana,  are posted as Sub Divisional Officer (Civil) - SDO(Civil) a.k.a.  Sub Divisional Magistrate (SDM) in various Sub-Divisions in the State of Haryana and they have been ex-officio designated  as  Returning Officers (ROs) by the Election Commission of India (ECI) under Section 21 of Representation of the People Act, 1951 don't fulfill the benchmark of having minimum five years of service in HCS (EB) Cadre as required for posting as SDO(Civil)/SDM as per prevalent Cadre Strength and Composition Order issued by the State Government of Haryana.

As of today, a total of 20 HCS (EB) Officers who are of 2020 Batch are posted as SDO(Civil) a.k.a. SDM viz. Mohit Kumar (Narnaund Sub-Division in Hisar District), Darshan Yadav (Manesar Sub-Division in Gurugram District), Harbir Singh (Hisar Sub-Division), Jyoti  (Israna Sub-Division in Panipat District), Amit Kumar-II (Sonipat Sub-Division), Mayank Bhardwaj (Ballabhgarh Sub-Division in Faridabad District), Jai Parkash (Radaur Sub-Division in Yamunanagar District), Ravindra Malik (Beri Sub-Division in Jhajjar District), Prateek Hooda (Tohana Sub-Division in Fatehabad District), Rohit Kumar (Chhachhrauli  Sub-Division in Yamunanagar District), Amit Mann (Badkhal Sub-Division in Faridabad District), Amit (Samalkha Sub-Division in Panipat District), Ramit Yadav ( Nangal Chaudahry  Sub-Division in Mahendragarh District), Amit Kumar- III (Kanina Sub-Division in Mahendragarh District), Ajay Singh (Kaithal Sub-Division), Rajesh Kumar Soni (Gharaunda Sub-Division in Karnal District),  Aman Kumar (Pehowa Sub-Division in Kurukshtra District), Gaurav Chauhan (Panchkula Sub-Division), Naseeb Kumar (Ladwa Sub-Division in Kurukshetra District) and Vijay Kumar Yadav (Kosli Sub-Division in Rewari District).

Out of the above 20 HCS(EB) officers of 2020 batch posted as SDO(C) a.k.a. SDM, 18 (i.e. except those posted at 2 Sub-Divisions viz. Manesar Sub-Division &  Chhachhrauli  Sub-Division)  are designated Returning Officers (ROs) by the Election Commission of India (ECI) under Section 21 of Representation of the People Act, 1951.

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 & Training Department which comes directly under Chief Minister/Chief Secretary).  However, the   HCS Cadre Strength and Composition Order as issued by then Chief Secretary, Haryana vide Order No. 43/1/2014- 6SII dated 15 October 2020  and which is even applicable as on today (since it has not been amended/modified/superseded till date)  the posts of Sub-Divisional Officer (Civil)- SDMs are shown therein under the head of Senior Scale/Selection Grade (5-15 years of service) i.e. HCS-EB Service.

Hence in view of the above  Order issued by Haryana Government, the undersigned seriously wonders how & if the aforementioned  HCS (EB) officers of 2020 batch do indeed qualify  for being posted as Sub-Divisional Officers (Civil) in various Sub-Divisions across the State of Haryana and consequently they being designated Returning Officers (ROs) by the Election Commission of India (ECI) under Section 21 of Representation of the People Act, 1951It is highly hoped that your good self would wisely take an urgent call to intervene in this matter and make a conscious and wise decision so as to ensure posting of eligible HCS(EB) cadre officers with minimum five years of service in the cadre  as SDO(Civil)/SDMs in the aforementioned Sub-Divisions in the State of Haryana who in turn are the designated Returning Officers (ROs) with regard to respective Assembly Constituencies (PCs) in the State of Haryana. 

Thanking you in anticipation, 

Yours Truly, 

Hemant Kumar, 

Advocate, 

Pb & Hr High Court, 

Chandigarh.