Advocates:
['PRABHAKAR AWASTHI', 'C S C', '', 'SHASHANK SHEKHAR SINGH', 'BHUPENDRA NATH SINGH']

Court No. - 58

Case :- WRIT - A No. - 4576 of 2019

Petitioner :- C/M, Amu School Teachers Association, Aligarh,

And Another

Respondent :- Election Commission Of India And 3 Others

Counsel for Petitioner :- Prabhakar Awasthi

Counsel for Respondent :- C.S.C.,Bhupendra Nath

Singh,Shashank Shekhar Singh

Hon'ble Ashwani Kumar Mishra,J.

This petition has been filed by the Committee of Management

of AMU School Teachers Association, Aligarh through its

Secretary seeking following reliefs 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 judgement 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."

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.

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.

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."

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