JUDGMENT :

Ashwani Kumar Mishra, J.

1. This petition has been filed by the Committee of Management of AMU School Teachers Association, Aligarh through its Secretary seeking following relief’s in the writ petition:-

"(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to entrust election duties to the members of the petitioner association who are teaching staff of the institutions which have been referred in paragraph in reference.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent to follow the judgment reported in (2008) 2 SCC390 of Election Commission of India Vs. St. Mary School and others as also in Writ Petition No. 23377 of 2009 having been rendered on 5.5.2009."

2. Petitioner contends that being members of the teaching staff, they are otherwise performing important function of dispensing education to the children in different schools and therefore they ought not to be associated in the conduct of election duty as it would adversely affect the cause of education in the institution where they are working as teachers. In support of the petition, petitioners have brought on record certain documents which