Bombay High Court quashes FIR registered against 166 Teachers for refusing to update electoral rolls

The Bombay High Court last week quashed the First Information Report registered against 166 teachers for the offences punishable under Section 32 of the Representation of the People Act, 1950 and Sections 187 and 188 of Indian Penal Code.

Section 32 of the Representation of the People Act, 1950 deals with breach of official duty in connection with the preparation, etc., of electoral rolls.

A criminal application was filed by 166 teachers, who were called upon to perform election related duty, for updating electoral rolls of State Legislative Assembly elections during working days and teaching hours.

Advocate PS Kshirsagar told the Nagpur Bench that the same was not permissible in law as per the judgment of the Supreme Court in the case of Election Commission of India vs. St. Mary’s School and others.

Kshirsagar further relied on the communication issued by the Election Commission of India to the Chief Electoral Officers of all the States and Union Territories on January 28, 2008 wherein the Election Commission had directed that if teachers are required to be put on duties for election related work, it must be confined to holidays, non-teaching days and non-teaching hours.

A division bench of Justice SB Shukre and Justice GA Sanap relied on a coordinate Bench's decision in the case of Gajanan Kashinath Bharad and others vs. The State of Maharashtra and others, wherein it was held that calling upon teachers in Primary School to work as Booth Level Officers for revision of electoral rolls is nothing but violation of provisions of Sections 25 and 27 of the Right to Education Act, 2009.

Accordingly, the criminal application came to be allowed and the First Information Report registered against the applicants was quashed and set aside.

Case Title: Umakant Ramkrushna Mahure and Ors. vs. The State of Maharashtra and Anr