T.B. NINGE GOWDA PRINCIPAL AND PROFESSOR DAYANANDA SAGAR COLLAGE OF SCIENCE, ARTS AND COMMERCE (FIRST GRADE COLLAGE) Vs. THE SPECIAL COMMISSIONER (ADMIN) AND DISTRICT ELECTION OFFICER (CENTRAL) AND THE CHIEF ELECTION COMMISSIONER DR. B.R. RAMBED

JUDGEMENT

(1.) THE petitioner, a Professor in Economics and a Principal of Dayananda Saga; College of Science, Arts and Commence, Bangalore, when issued with a communication dated 17 -02 -2009 Annexure -A by the 1st respondent to furnish the list of officers to prepare a data base of officials to be drafted for duty in the ensuing Parliamentary elections, claims to have prepared a list, which, by letter dated 16.3.2009, Annexure -B, was handed over to the Joint Director of Collegiate education, on instructions, who in turn was to transmit the same to the 1st respondent. It is the allegation of the petitioner that on 30 -03 -2009 at about 10.30 a.m., was sewed with the communication dated 20 -03 -2009 Annexure -"C" of the 1st respondent. On the very same day, the petitioner claims to have handed over his letter, Annexure -"D". It is the further allegation of the petitioner that on the very same day, the petitioner received a notice dated 20 -08 -2009 Annexure -"E" by registered post acknowledgement due stating that the petitioner had not furnished details of the officers working in the institution and on refusal to furnish the details, called upon the petitioner to show cause as to why action should not be taken under Section 159 of the Representation of Peoples Act, 1951, for short R.P. Act. In response to the said letter, petitioner claims to have submitted a written reply dated 31 -03 -2009 Annexure -"F" informing the handing over of the list of officials to the Joint. Director of Collegiate Education and also the reasons as to why the petitioner should not be drafted for election duty and accordingly sought for exemption. In addition, it is alleged that on 9 -4 -2009 at about 1.45 p.m., a person representing the 1st respondent sought to serve on the petitioner a copy of the order dated 27 -03 -2009 of appointment as a Presiding Officer, for polling duty, which when not received by the petitioner, the officer left the college premises. Thereafter, the petitioner states that he collected a copy of the said letter dated 27 -03 -2009 Annexure -"G" which was affixed to the Notice Board. It is further stated that the 1st respondent issued yet another show cause notice dated 13 -04 -2009, Annexure -"H", to which an appropriate reply Annexure -"J" was delivered by hand on 17 -04 -2009 in the office of the 1st respondent.

(2.) ACCORDING to the petitioner, 2503 is the total student strength, for the academic year 2008 -09 and being the head of the institution, is responsible to supervise admission, pre -examination processes, etc., within the time limited by the Bangalore University, being a plenty left no time to attend to poll duty. Lastly it is stated that on 1 -4 -2009, the petitioner met with a motor accident and having suffered grievous injury was advised rest, yet another reason not to attend to poll duty. Hence, this petition to quash the show cause notices dated 20 -03 -2009 Annexure -"E"; 18 -04 -2009 Annexure -"H" and the order dated 27 -03 -2009 Annexure -"G" of the 1st respondent, in addition to a mandamus to the 1st impendent to consider the petitioner's replies dated 31 -03 -2009 and 17 -04 -2009 Annexures "F" and "J".

(3.) LEARNED Counsel places reliance upon Paragraphs 22 and 28 of the reported opinion of the Apex Court in Election Commission of India Vs. St. Mary's School and Others, AIR 2008 SC 655