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2022 Supreme(Bom) 1551

R. D. DHANUKA, M. M. SATHAYE
Shivaji University Teachers Association – Appellant
Versus
Chief Election Officer, Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C.G. Gavnekar a/w Mr. Ashutosh Gavnekar
For the Respondent: Mr. S.B. Shetye a/w Mr. Akshay Pansare and Mr. Vikrant Dave, Ms. K.N. Solunke AGP

JUDGMENT :

R.D.DHANUKA, J.

1. By this Petition filed under Article 226 of the Constitution of the India, the Petitioners/Association seek writ of mandamus against respondent no. 3 for quashing and setting aside impugned orders all dated 25th November 2022, passed by respondent no. 3 requisitioning the services of petitioners no. 2 to 14, for election works mentioned in the impugned notice.

2. The case of the petitioners is that the Petitioners employees are working in the college affiliated to Shivaji University. Petitioner nos. 2 to 14 are working under the control of Shivaji University and are required to discharge their duties under the provisions of Universities Act and Statues framed thereunder.

3. Shivaji University by communication dated 13th November 2022, has assigned the work to the teachers for conducting various examinations mentioned in the said order. Since the Tahashildar issued various notices annexed as Exhibit A to the Petition, calling upon these teachers to attend the election duties of gram panchayat election proposed to be held on 18th December 2022, the petitioners filed this petition, impugning the said notices issued by the Tahasildar.

4. Mr. Gavnekar, learned c

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