Teachers Of Private Engineering College Move Bombay High Court Against Poll Duties

Around 90 teachers of a city-based private engineering college have moved the Bombay High Court against their requisition by the Election Commission of India (ECI) for performing poll duties during and before the upcoming Maharashtra Legislative Assembly Elections.

The petitioner teachers, have taken exception to various communications pertinently the one issued by the ECI on October 16, asking the Thadomal Shahani Engineering College in the western suburbs of Khar, to send their employees, especially teachers for poll duties.

The poll duties, the teachers through their counsel Devyani Kulkarni, argue, will affect their teaching schedule and also the exams which are beginning from November 11, 2024.

"The deputation of teachers will adversely affect the education of children and teaching will come to a complete halt, the examination schedule and prospects of the students, who are the future of this nation thereby even wasting any important academic session of the students affecting their prospects," the plea states.

Further the plea argues that the requisition of teachers for poll duties, will affect the fundamental rights of students.

"Such an act of the Respondents is violative of Fundamental Right i.e. Right to live with dignity of students as enshrined in Article 21 of the Constitution of India and they are deprived of education and an opportunity to achieve their goals in life," the plea adds.

The petition points out that their college being a private one, it does not come under section 159 of the Representation of Peoples Act, 1951, which allows the ECI to requisition the employees of government institutions, public sector utilities and banks etc. to perform poll duties - before, during and after the elections.

"But even then, the member Petitioners are being forced and harassed by the District Election Authorities. The functioning of college will be adversely affected and will also affect the academics of the students. Especially since the examinations are ongoing," the plea reads.

The teachers are also apprehending action under the Representation of Peoples Act at the hands of the ECI, for not obliging by their requisition to perform poll duties. Therefore, they have sought protection.

A vacation court of Justices Sandeep Marne and Manjusha Deshpande is likely to hear the plea on Wednesday.

Case Title: Anupama Sawant vs State Election Commission