REGISTRAR, GURUKUL KANGRI VISHWAVIDYALAYA AND ORS. Vs. DISTRICT ELECTION OFFICER/DISTRICT MAGISTRATE, HARIDWAR AND ORS.

JUDGEMENT

(1.) By means of present writ petition, the petitioners seek writ in the nature of certiorari quashing the orders dated 22.12.2015 and 23.12.2015 passed by respondent No. 1. A further writ in the nature of mandamus has been sought directing the respondents not to depute the teaching faculty and the employees of Gurukul Kangri Vishwavidyalaya, a deemed to be University, in election duties in the forthcoming elections of Panchayat in District Haridwar. On 18.12.2015, while deciding writ petition No. 3186 (M/S) of 2015, this Court passed an order, as follows:

(2.) Respondent No. 1 District Election Officer/District Magistrate, Haridwar, decided the representation of the petitioners. The same has been enclosed as Annexure 3 to the writ petition. In the order impugned dated 23 -12 -2015, the District Election Officer (Panchayat) has referred to the elements of the representation, the ingredients of Sec. 12BC of the U.P. Panchayat Raj Act, 1947 (as applicable in the State of Uttarakhand), the decision reported in : AIR 1995 SC 1078 and sub -section (2) of Sec. 159 of the Representation of the People Act, 1951 to hold that every local authority and every university established or incorporated by or under a central, provincial or State Act shall make available to any Returning Officer such staff as may be necessary for the performance of any duties in connection with an election and, therefore, taking cognizance of such a provision of the Representation of the People Act, 1951 and sub -section (3) of Sec. 12BC of the U.P. Panchayat Raj Act, 1947, dismissed the representation of the petitioners.

(3.) The scheme of Sec. 12BC of U.P. Panchayat Raj Act, 1947, is as follows: