ELECTION COMMISSION OF INDIA Vs. MARY S SCHOOL

JUDGEMENT

(1.) LEAVE granted.

(2.) A short but interesting question, as to how conflict in two constitutional rights should be balanced, is involved in this appeal which arises out of a judgment and order dated 11. 08. 2004 passed by a Division Bench of the Delhi High Court in Writ Petition (Civil)No. 1076 of 2003.

(3.) THE Municipal Corporation of Delhi (MCD) in its counter affidavit contended that absence of the teachers and other administrative staff of schools for performing duties allocated by the officers of the Election commission is in national interest. In the counter affidavit, it was, stated: