ELECTION COMMISSION OF INDIA versus ST. MARYS SCHOOL AND ORS.

Citation: [2007] 12 S.C.R. 971 · Decided: 06-12-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Judgment (excerpt)

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ELECTION COMMISSION OF INDIA 
A 
v. 
ST. MARY'S SCHOOL AND ORS. 
DECEMBER 6, 2007 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.] 
B 
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Constitution of India, 1950: Articles 324(1), (6) and 327-
Election Commission utilizing services of teachers of Government 
Schools for holding elections, revision of polling lists etc. during school c 
timings-Challenge to, on the ground that absence of teachers from 
school resulted in unfinished course, poor result, high drop out rate 
and failure to compete in open examination and consequently defeat 
right to education-Held: Holding of elections is imperative for 
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upholding democracy and democratic values-But for said purpose, D 
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education of children cannot be neglected-Necessity to maintain 
balance between the two-Election Commission directed that teaching 
staff be put on duties of roll revisions and election works only on 
holidays and non-teaching days-Election duty-Representation of the 
People Act, 1951-ss.21, 22 and 159-Representation of the People E 
Act, 1950-Delhi School Education Act, 1973. 
The writ petitioner-respondent No.1, an unaided school 
governed by the provisions of the Delhi School Education Act, 1973, 
filed a writ petition in public interest questioning the action of 
appellant Election Commission and respondents No.2 to 5 in utilizing F 
the services of teachers of Government Schools for various purposes 
including polling duties to elections, revision of polling lists, 
preparation of census lists etc. during school timings. The grievance 
of the writ petitioner was that absence of teachers from schools for 
a long time resulted in unfinished courses, high drop out rates, poor G 
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results and inability to compete in open examination, such as 
medicine, engineering etc. or to get admission in professional 
colleges. 
971 
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A 
B 
972 
SUPREME COURT REPORTS 
[2007] 12 S.C.R. 
The counsel for the parties accepted before High Court that 
the services of teachers should be utilized for non-teaching purposes 
only on a day which is not a working day for students. The Election 
Commission filed the instant appeal. 
Dismissing the appeal, the Court 
HELD: 1. Indisputably, for upholding the democracy and the 
democratic values, holding of elections is imperative. Keeping in 
view the constitutional mandate provided for under clauses (1) and 
(6) of Article 324 of the Constitution of India, it is the duty of the 
c Central Government as also the State Governments to make 
available to the Election Commission, or to a Regional 
Commi~sioner such staff, as may be necessary for the discharge of 
functions conferred on the Election Commission. Article 327 of the 
Constitution empowers the Parliament to make laws with respect to 
D all matters relating to, or in connection with, elections to either 
House of the Parliament or to the House or either House of the 
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Legislature of a State including the preparation of the electoral rolls, 
the delimitation of constituencies and all other matters necessary 
for securing the due constitution of such House or Houses. The 
E Parliament with a view to give effect to the said constitutional 
functions enacted the Representation of the People Act, 1950 and 
the Representation of the People Act, 1951. 
[Para 13) [981-F-H; 982-A-B] 
2. It is for the Central Government and the State Governments 
F alone to provide for the requisite staff. They may do it by fresh 
recruitment for the purposes for which the staff are requisitioned or 
by deployment or by way of deputation. Indisputably, there are 
certain functions which may be performed only by the Government 
staff. For the said purposes they may be sent on deputation, e.g., 
G ss. 21 and22 of the 1951 Act provide for the Returning Officers and 
Assistant Returning Officers who must be officer of Government or 
of a local authority. Therefore, their services can be requisitioned 
under clause (6) of Article 324 of the Constitution as also ss.159 of 
the 1951 Act. The Election Commission or the Regional 
H Commissioner, as the case may be, is also entitled to request for 
J 
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ELECTION COMMISSION OF INDIA v. ST. MARY'S 
973 
SCHOOL 
requisitioning the services of persons in the employment of the A 
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Government or the local authority and others who may not be officers 
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of the Government or the local authority. The Parliament was aware 
that in an election, requisition of services of the employees of the 
Central Government or the State Governments may pro

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