The main legal point established in the judgment is the balancing of interests between conducting free and fair elections and maintaining educational activities, as well as the applicability of Section 159 of the Representation of the People Act, 1951, in justifying the assignment of election duties to teachers.

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 would show that the members of the association have been appointed as Presiding Officer to manage the forthcoming Parliamentary Election in the month of April and May, 2019. As per the order passed by the District Election Officer, the members of the petitioners' association are to remain present on the date of polling and have also to undergo training on 3 days i.e. 24.3.2019, 25.3.2019 and 26.3.2019. Such training had to be for a period of 3 hours duration.

3. Learned counsel for the petitioner submits that the Election Commission of India has also given an undertaking before the Apex Court that they shall not post members of teaching staff during the course of teaching in their institution and, therefore, orders passed by the District Election Officer cannot be sustained. It is also stated that fresh academic sessions commences from 8.4.2019 and assigning of duties to the member of the petitioner association would adversely affect the cause of education.

4. While entertaining the writ petition, this Court passed following orders on 28.3.2019:-

"This petition is by the association of teachers who are working in various institutions run by the Aligarh Muslim University. Their grievance is that election work is being assigned to them during the teaching days and teaching hours. Reliance is placed upon the judgment of the Apex Court in Election Commission of India Vs. St. Marry's School & Ors, (2008) 2 SCC 390 as also a division bench judgment of this Court in Jamil Ahmad & others Vs. The Election Commission of India and others to submit that such action on part of the respondent authorities is in derogation of law laid down by the Supreme Court and this Court.

Sri B.N. Singh appearing for the Election Commission of India prays for and is allowed three days' time to obtain instructions.

Let this matter appear as fresh once again on 1.4.2019."

5. Sri B.N. Singh, learned counsel for the Election Commission has obtained instructions from the Election Commission. Learned Counsel for the Election Commission has invited attention of this Court to Section 159 of the Representation of the People Act, 1951, which is reproduced below:-

"[159. Staff of certain authorities to be made available for election work: —(1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election.

(2) The following shall be the authorities for the purpose of sub-section (1), namely:—

(i) every local authority;

(ii) every university established or incorporated by or under a Central, Provincial or State Act;

(iii) a Government company as de