Teachers can be called upon to perform election duty during holidays and non-teaching hours, as per the judgment of the Supreme Court and previous decisions of the court.

JUDGMENT :

Sunil B. Shukre, J.

1. Rule. The rule is made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2. It is the contention of Shri Kshirsagar, learned Counsel for the applicants, that the applicants, who are Teachers, were called upon to perform election related duty, which was of updating electoral rolls of State Legislative Assembly elections during working days and teaching hours, which is not permissible in law as per the judgment of the Supreme Court in the case of Election Commission of India vs. St. Mary’s School and others {(2008) 2 SCC 390}, which has been followed by this Court in a bunch of writ petitions starting with Writ Petition No.6718/2019, decided on 18/2/2020. He also submits that though in the said decision, this Court had directed that if any first information report is lodged against Teachers for refusal to perform the election duty during School hours, the same shall not be prosecuted and even then the present first information report bearing No.31/2020 has been registered at Police Station, Hingna. He also seeks support from the communication issued by the Election Commission of India to the Chief Electoral Officers of all the States and Union Territories on 28/1/2008 wherein the Election Commission has directed that if Teachers are required to be put on duties for election related work, it must be confined to holidays, non-teaching days and non-teaching hours.

3. Shri Doifode, learned Additional Public Prosecutor for the non-applicants, seeks time to obtain instructions in the matter, but when it is pointed out by us that fate of this application is entirely governed by the law laid down by the Apex Court, he submits that an appropriate order in the light of law governing the field may be passed by this Court. There is thus no need to await instructions from the respondent Authorities.

4. In the case of St. Mary’s School and others (supra), the Apex Court has directed that all teaching staff shall be put on the duties of electoral roll revision works on holidays, non-teaching days and non-teaching hours. The relevant observations of the Apex Court appearing in para (33) of the judgment are reproduced as under :

“33. We would, however, notice that the Election Commission before us also categorically stated that as far as possible teachers would be put on electoral roll revision works on holidays, non teaching days and non-teaching hours; whereas non-teaching staff be put on duty any time. We, therefore, direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non-teaching days. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non-teaching staff, however, may be put on such duties on any day or at any time, if permissible in law.”

5. In Writ Petition No.6718/2019 and other connected matters (supra), a coordinate Bench of this Court reiterating the law declared by this Court in the case of Gajanan Kashinath Bharad and others vs. The State of Maharashtra and others, (Writ Petition No.417/2020 decided on 25/1/2020) held that calling upon Teachers in Primary School to work as Booth Level Officers for revision of electoral rolls is nothing, but violation of provisions of Sections 25 and 27 of the Right to Education Act, 2009. This Court further held that the Teachers can be called upon to perform the duty in relation to elections including updating of electoral rolls during holidays and excluding the School hours and, therefore, this Court directed that even if any first information report is lodged against any of the petitioners therein for refusal to perform the election duty during School hours, the same would not be prosecuted.

6. The law so declared by the Apex Court and the view taken by the coordinate Benches of this Court squarely apply to the facts of the present case and, therefore, the first information report, which is registered against the applicants for the offence