The National Green Tribunal (NGT) has observed that it expects the authorities to comply with instructions regarding not requisitioning forest officers or vehicles for election duty during the Lok Sabha polls.
The green panel was hearing a plea seeking directions to all states and Union Territories for implementing the instructions issued by the Election Commission of India, exempting territorial staff of the Forest department and forest vehicles from being requisitioned in the elections.
Noting the government-issued documents, a bench of National Green Tribunal Chairperson Justice Prakash Shrivastava said, “We find that the circulars in regards to the relief claimed have already been issued by the competent authorities and, unless something contrary exists, these circulars need to be complied with by the concerned authorities.”
The bench, also comprising Expert Member A Senthil Vel, underlined that the tribunal’s jurisdiction is limited to civil cases raising a substantial question about environmental issues and those for implementing the National Green Tribunal’s scheduled acts.
The National Green Tribunal Act provides jurisdiction to the body over several acts, including the Water (Prevention and Control of Pollution) Act, Water (Prevention and Control of Pollution) Cess Act, Forest (Conservation) Act, Air (Prevention and Control of Pollution) Act, Environment (Protection) Act, Public Liability Insurance Act, and the Biological Diversity Act.
“Since requisite instructions and guidelines have already been issued and concerned authorities are expected to comply with the same while ensuring the smooth holding of the election...,” the tribunal said in an order passed on Tuesday.
“Hence, we are of the view that, at this stage, no further direction by the tribunal is required,” it added.
The plea, filed by advocate Gaurav Bansal, underlined that a shortage of manpower could destroy the “precious natural resources” of forests.
The Election Commission of India had issued circulars dated February 8 and June 7 last year that exempted certain categories of vehicles, including forest vehicles, and some categories of personnel, including senior forest officials and territorial staff of the Forest department, from being requisitioned for election duty, respectively, the tribunal noted.
It also noted a circular of the Central Empowered Committee dated February 2 that requested all chief secretaries not to requisition for election duty vehicles of wildlife sanctuaries, national sanctuaries and national games parks.
Additionally, a communication was issued by the Uttarakhand government the following day, exempting from the Lok Sabha elections duty Forest department vehicles allotted in various circles and personnel posted at the field level because of forest fires, the bench noted.
