ELECTION DUTIES CONFLICT: Election commission of INDIA vs st.Marry School and others

The Election Commission of India, abbreviated as ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India.

It was established on January 25, 1950. The major aim of election commission of India is to define and control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India. It can be said that the Election Commission of India ensures smooth and successful operation of the democracy.

According to Article 324 of Indian Constitution, the Election Commission of India has superintendence, direction, and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to the offices of President and Vice-President of India.

.

Conflict Arises  Regarding Election Duty of Teachers:

Right to Education Act bans all non-academic work by teachers, except elections, decennial census and disaster-related tasks. Whereas census involves work once in ten years, and disasters are rare, increasingly frequent elections do keep teachers away from schools for long periods of time, particularly the preparation of electoral rolls, and can violate the child’s right to quality education.

Whereas disallowing election duties for teachers would be very desirable, the constitution mandates that all central and state employees could be drafted for election work, which the Supreme Court has upheld.

Now that education is a fundamental right of children, the state governments could ensure, when requested by the Election Commission, to make available to the Commission staff other than school teachers, or for a minimal amount of time that does not interfere with their primary task of teaching.

The issue of teachers being assigned election and census duties is a topic widely debated across the country. Various teachers' associations all over India have cited this issue in the past on account of the children's education is hampered. In that Context judgement of SC regarding Election commission vs st. Marry school and others embarked as guiding light.

The teachers and management of St.marry school It filed a writ petition in public interest, questioning the action of  Election Commission regards utilizing the services of the teachers of the Government schools for various purposes during school timings, as a result, whereof the students reading in the said schools are deprived of obtaining instructions from their teachers during such period. In the writ petition it was pointed out that the absence of teachers occurs due to their deployment for non-educational purposes, and as the teaching and administrative staff of these schools have been used by the State agencies as well as the appellant herein for various other duties outside the school during school hours including:

•Polling duties to the general election to Lok Sabha•Polling duties to the general election to Delhi Legislative  •Assembly •Polling duties to MCD elections •Gurudwara election

•Revision of polling lists•Pulse polio drive•Preparation of census lists •Surveys on malaria, pollution etc

The writ petition highlighted that absence of teachers from the school for a long time resulted in unfinished courses, high drop out rates, poor results and inability to compete in open examinations, such as medicine, engineering etc. and/or to get admission in other prestigious or professional colleges.

For polling duties, the Election Commission deploys the teachers of the Schools for the purposes of holding Parliamentary Elections, Delhi Assembly Elections and even Municipal Corporation Elections. Generally, the elections are held on Sundays, but before the actual polling takes places, the teaching staff is called for three working days for the purposes of training, the collection of election material etc.

However, Election Commission defends their action as, Elections being a sovereign function of the State, the work of conduct of elections cannot be delegated to persons who are not employees of government or to any non-governmental agency, parastatal organizations etc. The Government draws staff from every govt. department and it is not true that only teachers are deployed for election work. Staff from other categories from almost every department is engaged for election duty. However, with a view to ensuring that election work does not come in conflict with the interest of education, the respondent Government would like to take the following steps to ensure that teaching work is least affected:

1. As far as possible the revision of Electoral roll shall be taken up during holidays or teachers would be deployed to perform the work on holidays.

2. The teachers who are on non-teaching posts i.e. Physical Education Teachers, Drawing Teachers, Librarian and Lab Assistants, Yoga instructors etc. would be deployed for election work.

3. The teaching hour loss, if any, shall be compensated by holding extra classes so that the minimum prescribed teaching hours are completed.

4. The Principals/Heads of Institutions will be directed to make an internal adjustment of time tables and reschedule the classes for making up any possible teaching losses.

Not only that  Election Commission further also mentioned out their constitutional rights regarding deployment of govt staffs for election duty. In terms of the provisions of clauses (1) and (6) of Article 324 of the Constitution of India, it is mandated that whenever the Election Commission asks for deployment of staff for the purpose of conducting elections, it is obligatory on the part of the President of India or the Governor of the State to make such number of staff made available to it, and with a view to fulfil the said constitutional object, the Parliament amended Section 159 of the 1951 Act so as to provide :

"159. The 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.       (2) The following shall be the authorities for the purposes of sub-section (1), namely:-

-(i) every local authority;

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

(iii) a Government company as defined in section 617 of the Companies Act, 1956 (1of 1956);

(iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.”

Final Words of SC:  During making their final verdict SC  gives importance to the right to education, which is held to be a fundamental right. The right to life under Article 21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education. The State Government is under an obligation to make an endeavour to provide educational facilities at all levels to its citizens. That the right to education has been treated as one of transcendental importance in the life of an individual has been recognised not only in this country for thousands of years, but all over the world. The Constitution has been amended keeping in view the aforementioned provisions as also the decision of this Court in Unni Krishnan (supra) by inserting Article 21A of the Constitution of India, As right to education act which mentions,  A true democracy is one where education is universal, where people understand what is good for them and the nation and the right to education have to be determined. Right to education understood in the context of Articles 45 and 41, means that every child/citizen of this country has a right to free education until he completes the age of fourteen years.

Today, education is the most important function of the State and local Governments It is required in the performance of our most basic responsibility, even services in the armed forces. It is the very foundation of good citizenship. Today it is the principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days it is doubtful any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. The provisions of the 1950 and 1951 Acts although were enacted in terms of Article324 of the Constitution of India, the same must be given restricted meaning. A holding of an election is no doubt of paramount importance. But for the said purpose the education of the children cannot be neglected.

The Supreme court had given restricted meaning to the provisions of the Representation of the People Act, 1950 and the Representation of the People Act, 1951.

Conclusion: Even today there always have been conflicts going on this matter whether teachers should deploy or not for election duty. For upcoming loksabha election 2019 in many state teachers are assigned for Election Duty despite SC verdict. Giving reference of Section 27 of the Right to Education Act and Supreme Court Judgment of December 2007 on the st.marry case, that the teaching staff shall be put on roll revision and election duty only during holidays and non-teaching days yet  teachers are assigning for loksabha poll duty, bypoll , Panchayat election.