REGISTRAR, GURUKUL KANGRI VISHWAVIDYALAYA, DEEMED TO BE UNIVESITY, HARIDWAR AND ANOTHER Vs. DISTRICT ELECTION OFFICER/DISTRICT MAGISTRATE HARIDWAR, AND ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioners seek to issue a writ, order or direction in the nature of certiorari quashing the order dated 05.12.2015 passed by respondent no. 2. A further prayer has been made to issue a writ, order or direction in the nature of mandamus directing the respondents not to depute the employees of Gurukul Kangri Vishwavidyalaya, a deemed to be University in election duties in the forth coming elections of Panchayat in District Haridwar.

(2.) Learned counsel for the writ petitioners drew attention of this Court to the principle of law laid down in Election Commission of India vs. State Bank of India alongwith connected writ petitions, reported in AIR 1955 SUPREME COURT 1078, in which the Apex Court has interpreted that the expression 'Local Authority' does not include the State Bank of India and Life Insurance Corporation of India. That being so, the Supreme Court in said case has directed that the employees of State Bank and that of Life Insurance Corporation cannot be compelled to perform the election duties.

(3.) It will be useful to quote Section 12 BC of U.P. Panchayat Raj Act, 1947 in this context, as below: