The National Green Tribunal (NGT) has stayed an Assam government order directing the deployment of around 1,600 personnel of the Assam Forest Protection Force (AFPF) for election duties, observing that the move raises serious environmental concerns. Invoking the precautionary principle, the tribunal directed the State government to โ€œdesist from violating the provisionsโ€ of environmental laws and ordered that โ€œoperation of the impugned orderโ€ฆ is stayed till further ordersโ€.

In its April 2 order, the eastern zone Bench noted that the plea โ€œraise[s] substantial questions relating to the environmentโ€, particularly in the context of laws governing biodiversity conservation. The tribunal issued notices to the respondents and fixed April 6 for the next hearing. Assam goes to the polls on April 9 with a single phase of voting, and this is reportedly the first time that forest personnel are being requisitioned for election duty.

The application, filed to the NGT by Delhi-based advocate Gaurav Kumar Bansal, challenged a March 19 directive by the Assam government that required AFPF personnel to assist the police in connection with the Assembly election. According to the plea, such diversion โ€œseverely compromise[s] the protection and conservation of forests, wildlife, and ecological systems in the State of Assamโ€.

Highlighting the ecological risks, the applicant argued that the โ€œlarge-scale diversionโ€ of forest personnel โ€œsignificantly heightens the risk of illegal activities, particularly poachingโ€. The order records that forests in Assam โ€œrequire constant vigilance and monitoringโ€, and that the โ€œabsence of adequate frontline staff creates a vulnerable environmentโ€.

The tribunal also examined statutory obligations under the Biological Diversity Act, 2002. It noted submissions that the State is required to ensure โ€œconservation and sustainable use of biological diversityโ€, including โ€œidentification and monitoring of biodiversity-rich areasโ€. Diverting personnel for non-conservation duties, the plea argued, was contrary to โ€œthe letter and spiritโ€ of the law.

Assembly Elections LIVE The NGT further took note of a Supreme Court direction that โ€œforest staff as well as the forest vehicles shall not be requisitioned for the election purposesโ€, reinforcing the applicantโ€™s contention that the Assam order was legally untenable. A group of retired Indian Administrative Service (IAS) and Indian Forest Service (IFS) officers, along with wildlife conservationists, had raised โ€œserious concernsโ€ over the Assam order, in a plea to the State government as well as the Chief Election Officer of Assam, The Hindu had reported on April 1.