1. By means of present writ petition, the petitioners seek writ in the nature of certiorari quashing the orders dated 22.12.2015 and 23.12.2015 passed by respondent no. 1. A further writ in the nature of mandamus has been sought directing the respondents not to depute the teaching faculty and the employees of Gurukul Kangri Vishwavidyalaya, a deemed to be University, in election duties in the forthcoming elections of Panchayat in District Haridwar.

2. On 18.12.2015, while deciding writ petition no. 3186 (M/S) of 2015, this Court passed an order, as follows:

“In the above circumstances, keeping in view the principle of law laid down by the Apex Court in Election Commission of India Vs. State Bank of India, A.I.R. 1995 S.C. 1078, and having considered submissions of learned counsel for the parties, this writ petition is summarily disposed of with the direction to the respondent no. 1 to decide the representations dated 26.10.2015 / 25.11.2015, made by the petitioners, in the matter. Till the disposal of said representation, the respondent no. 1 shall not compel the employees of the petitioner to perform the election duties.”

3. Respondent no. 1 District Election Officer / District Magistrate, Haridwar, decided the representation of the petitioners. The same has been enclosed as Annexure 3 to the writ petition. In the order impugned dated 23.12.2015, the District Election Officer (Panchayat) has referred to the elements of the representation, the ingredients of Section 12BC of the U.P. Panchayat Raj Act, 1947 (as applicable in the State of Uttarakhand), the decision reported in A.I.R. 1995 S.C. 1078 and Sub-Section (2) of Section 159 of the Representation of the People Act, 1951 to hold that every local authority and every university established or incorporated by or under a central, provincial or State Act shall make available to any Returning Officer such staff as may be necessary for the performance of any duties in connection with an election and, therefore, taking cognizance of such a provision of the Representation of the People Act, 1951 and Sub-Section (3) of Section 12BC of the U.P. Panchayat Raj Act, 1947, dismissed the representation of the petitioners.

4. The scheme of Section 12BC of U.P. Panchayat Raj Act, 1947, is as follows:

“Other provisions relating to holding of elections.–[(1) Subject to the supervision and control of the State Election Commission, the District Magistrate shall supervise the conduct of all elections of the Pradhans and the members of Gram Panchayats in the District.

(2) Every local authority and the management of every educational institution receiving grant-in-aid from the State Government in the district shall, when so required by the District Magistrate make available to him or any other officer appointed by the District Magistrate as Nirvachan Adhikari such staff as may be necessary for the performance of any duties in connection with such election.

(3) The State Election Commission may likewise require all or any of the local authorities and the management of all or any of such institutions as aforesaid in the State to make available to any other officer referred to in sub-section (2) such staff as may be necessary for the performance of any duties in connection with such election, and they shall comply with every such requisition.

(4) Where any employees of any local authority or institution referred to in sub-section (2) or sub-section (3) is appointed to perform any duty in connection with such elections he shall be bound to perform such duty.”

5. It will also be appropriate to quote the preamble / SOR of the Representation of the People Act, 1951, as below:

“An Act to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes ar