UMAKANT RAMKRUSHAN MAHURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

(2.) The question involved in all these petitions is about extracting the work related to elections of Legislative Assembly or the Parliament from the Teachers, which is governed by the provision of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009. Reliance is placed by the petitioners upon Government Resolution dated 03.05.2013, providing that the petitioners cannot be called upon to perform the election duty of updating the electoral rolls. On 25.01.2020, this Court passed an order in Writ Petition No. 417/2020 (Gajanan Kashinath Bharad and others Vs. The State of Maharashtra and others), which is reproduced below:-

(3.) The learned A.G.P. appearing for respondents has invited our attention to the instructions issued by Election Commission of India in conformity with the decision of Hon'ble Apex Court. It is in terms of Clause (2) and (3) of the said instructions, the teachers can be called upon to perform the duty in relation to the elections including updating of electoral rolls during holidays and excluding the school hours. The petitioners have no objection for this.