The central legal point established in the judgment is the interpretation and application of the Maharashtra Village Panchayats Act, 1959, particularly Section 10A, and the definition of 'election' under the Representation of the People Act, 1950, in the context of requisitioning staff members for election duties.

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 counsel for the petitioners vehemently urged that the petitioners are working with college which is a private college and controlled by a Trust. The petitioners/employees are not employees under the control of Central Government or State Government. It is submitted that the College is not established under any Central Act or State Act.

5. The disciplinary authority of the petitioners is the employer of the petitioners and not the election authority. Learned counsel for the petitioners placed reliance upon Section 159 of the Representation of the People Act, 1950. He also placed reliance upon the Judgment of the Supreme Court in case of Election Commission of India Vs. State Bank of India Staff Association Local Head Office Unit, Patna and Others, 1995 Supp(2) SCC 13 more particularly paragraph no. 20 of the said judgment, in support of his submission that the Hon’ble Supreme Court after adverting to Article 324 of the Constitution of India and Section 159 of the Representation of the People Act, 1950, has clearly held that non Government employer cannot be called for election duties.

6. Learned counsel for the petitioners vehemently urged that the corrigendum issued by the State Government on 2nd March 1995 and 18th July 2018 relied upon by the respondents and more particularly in paragraph no. 2(v) of the State Election Commission order dated 2nd March 1995 (v), does not include the management of the college who is the employer of the petitioners in any manner whatsoever.

7. Mr. Shetye, learned counsel for respondent no. 1, on the other hand, relied upon Article 243-K(4) of the Constitution of India and Section 10A of the Maharashtra Village Panchayats Act, 1959 and submitted that the State Election Commission is empowered to call for services of the staff members of the other institutions, in view of the fact that State Election Commission does not have sufficient staff members for conduct in the election, on the day of polling and thereafter. He distinguished the Judgment of the Supreme Court in case of Election Commission of India Vs. State Bank of India Staff Association Local Head Office Unit, Patna and Others (supra) relied upon by Mr. Gavnekar, learned counsel for the petitioners and submitted that the said judgment will not assist the case of the petitioners on the ground that in this case specific powers have been prescribed to issue such directions under Article 243-K(4) of the Constitution of India and Section 10A of the Maharashtra Village Panchayats Act, 1959.

8. It is submitted by learned counsel that petitioner nos. 2 to 14 have already attended the training on 6th December 2022 and 12th December 2022 which was a preparatory training before the date of polling which is proposed to be held on 18th December 2022. He submitted that all these