Controversy Brews over ARO appointments amidst Lok Sabha elections

LS polls nomination process begins, 18 HCS officers with less than 5 years service posted as SDOs (Civil) continue as AROs.

Following the issuance of requisite notification by the President of India under Section 14(2) of the Representation of the People Act, 1951. The nomination process for the sixth phase of 18th Lok Sabha General Elections for a total of 57 seats spread over seven States including all 10 seats has started on April 29 in the state. The last date of nomination is May 6 and the scrutiny would be done on May 7 while the last date of withdrawal of candidature is May 9. The date of polling therein is May 25. In this series, a complaint seeking the removal of the 18 HCS with less than 5 years service posted as SDO’s(Civil) as AROs was filed but the scenario in this regard remains same as the aforesaid officials continue as ARO’s

Meanwhile, earlier this month two Sub-Divisional Officers (Civil) a.k.a. SDM (Sub Divisional Magistrate) of Barara sub-division in Ambala district and Kaithal sub-division in Kaithal district, who both are also designated Assistant Returning Officers (AROs) of Ambala and Kurukshetra Parliamentary Constituencies (PCs) were changed with the approval of Election Commission of India (ECI). The new SDO(C) of Barara sub-division is Ashwani Malik, HCS of 2011 batch while SDO(C) of Kaithal sub-division is Sushil Kumar-1, HCS of 2003 batch. Thus, both are having more than 5 years of service in HCS. Meanwhile, 18 incumbent AROs in Haryana as designated by the ECI under Section 22(1) of Representation of the People Act, 1951 with regard to respective Parliamentary Constituencies (PCs) don’t 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)- SDO(C). It is pertinent to mention that earlier on 10 April 2024 sent an email communication to ECI, Chief Electoral Officer (CEO), Haryana & State Chief Secretary & 10 Deputy Commissioners ( DCs) who are designated

Returning Officers (ROs) in respect of concerned 10 Parliamentary Constituencies (PCs) bringing to their notice the fact that as on date, a dozen and a half (read eighteen-18) officers in the cadre of HCS (EB) posted as SDO(C) in various Sub-Divisions in the State of Haryana and who have been ex-officio designated as AROs by the ECI don’t fulfill the benchmark of having minimum five years of service in HCS (EB) Cadre as required for posting as SDO(Civil) as per prevalent Cadre Strength and Composition Order issued by the Haryana Government. Unfortunately, no action has been taken till date to replace them with eligible HCS officers till date.

As of today, a total of 21 HCS Officers who are of 2020 Batch are posted as SDO(C) viz. Mohit Kumar at Hansi Sub-Division, Darshan Yadav (Manesar), Harbir Singh (Bhiwani), Jyoti (Israna), Amit Kumar-II (Sonipat), Mayank Bhardwaj (Nangal Chaudhary), Jai Parkash (Radaur), Ravindra Malik (Beri), Prateek Hooda (Tohana) Pulkit Malhotra (Shahbad), Amit Mann (Badkhal), Abhay Singh Jangra (Dabwali), Amit (Samalkha), Amit Kumar- III (Loharu), Ajay Singh (Julana), Rajesh Kumar Soni (Gharaunda), Aman Kumar (Pehowa), Gaurav Chauhan (Panchkula), Naseeb Kumar (Ladwa), Gulzar Malik (Uchana Kalan) and Devendra Sharma (Bilaspur). Out of aforementioned 21 HCS officers of 2020 batch posted as SDO(C) 18 (i.e. except those posted at 3 Sub-Divisions viz. Manesar, Julana and Nangal Chaudhary) AROs designed by the ECI in February this year. Divulging more details in this regard, Heman Kumar an expert and a lawyer at Punjab & Haryana high court said that there is no denying the fact that the posting and transfer of officers is the prerogative of the Competent Authority ( in case of HCS 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 in October 2020 and which is even applicable today (since it has not been amended/modified till date) the posts of SDO(C) 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 aforementioned Cadre Fixation Order issued by Haryana Government, one 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 AROs by the ECI. It has been once again written to ECI exhorting it to 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) in the aforementioned 18 Sub-Divisions in the State of Haryana who in turn are the designated Assistant Returning Officers (AROs) with regard to respective Parliamentary Constituencies (PCs) in the State of Haryana.