AKSHAIBAR NATH DWIVEDI v. CHIEF ELECTION COMMISSION OF INDIA
2013-11-14
SUNEET KUMAR, V.K.SHUKLA
body2013
DigiLaw.ai
JUDGMENT By the Court.—Dr. Akshaibar Nath Dwivedi is before this Court with a request to issue writ in the nature of mandamus commanding the State Election Commission, which is looking after and maintaining electoral college of Legislative Councils (Teachers), to take cognizance of the irregularities as has been pointed out by the petitioner and accordingly declaration be made to the effect that part time teachers, who have been enrolled by the District Inspector of Schools, be not permitted to participate in the election and action be taken against such respondents, who are instrumental in preparing such illegal electoral college by enrolling part time teachers in electoral college for different constituencies. 2. Petitioner has come up with the case that he is a retired Principal of Kisan Intermediate College Pasulaha, Pariyat, Jaunpur and claims that he is one of the prospective candidate to contest the election of Legislative Council (Teachers) from the Varanasi constituency. 3. Petitioner has stated that the Election Commission of India has addressed a letter to the Chief Election Commissioner, U.P. at Lucknow giving therein directives for preparation of Electoral Rolls of the teachers’ constituency of the State Legislative Council of Uttar Pradesh and name of teachers’ constituencies have also been mentioned as Bareily-Moradabad Division; Lucknow Division; Gorakhpur-Faizabad Division; Varanasi Division; Meerut Division and Agra Division. The Electoral Roll of the above constituencies are required to be revised in consonance with the guidelines in question as has been issued by Election Commission of India dated 27.9.2013. Petitioner’s submission is that in the direction of preparation of electoral roll, various incumbents who cannot be accepted as teachers, such as part time teachers, appointed under Section 7-AA of U. P. Act No. 2 of 1921 are being included as teachers and such teachers are liable to be excluded from the list in question which is being finalized. Petitioner’s submission is that in the said direction, he has been requesting that such incumbents should not at all be shown in the electoral college who are performing and discharging duties as part time teachers and accordingly the petitioner is before this Court, for remedying the situation. 4.
Petitioner’s submission is that in the said direction, he has been requesting that such incumbents should not at all be shown in the electoral college who are performing and discharging duties as part time teachers and accordingly the petitioner is before this Court, for remedying the situation. 4. Shri S.I. Siddiqui, Advocate as well as Shri B.N. Singh, Advocate has resisted the claim of the petitioner by submitting that District Election Officer of Varanasi, Mandal Varanasi has already published programme by way of public notice dated 13.9.2013 and as per the same, in case anyone has any objection qua preparation of electoral college in question, then objections can be filed within a period starting w.e.f. 1.10.2013 to 30.10.2013 and the date of disposal of objection has also been given as 3.12.2013 and in view of this once a full-fledged procedure has been provided for, then this Court on mere apprehension and on mere surmises and conjecture should not entertain the writ petition. 5. Shri R.K. Ojha, Senior Advocate assisted by Shri S.B. Mishra, Advocate contended that the objection as has been raised by the petitioner is purely policy based and strictly in consonance with the guidelines as has been framed and such persons who fall within the category of clause IV of procedure for enrolment of teachers’ constituencies and are not at all entitled to be enrolled as such induction of their names is per se bad, and accordingly, as prayed, requisite exercise be undertaken 6. This Court proceeds to take note of the fact that Election Commission of India on 25.9.2013 has addressed letter to the Chief Election Commissioner, Uttar Pradesh for preparation of electoral rolls of teachers’ constituencies of the State Legislative Council of Uttar Pradesh w.e.f. 1.11.2013 mentioned as qualifying date. With reference to the same, Election Commission of India has referred of its earlier guidelines dated 27.5.2013 and other instructions have also been issued by the Election Commission of India, in exercise of authority vested under Section 21(3) of the Representation of People Act, 1950 directing for revision of electoral rolls of the teachers’ constituencies. 7.
With reference to the same, Election Commission of India has referred of its earlier guidelines dated 27.5.2013 and other instructions have also been issued by the Election Commission of India, in exercise of authority vested under Section 21(3) of the Representation of People Act, 1950 directing for revision of electoral rolls of the teachers’ constituencies. 7. A precise mention has been made that the instructions contained in Commission’s letter dated 27.5.2013 shall be scrupulously followed in letter and spirit, during the ensuing revision of electoral rolls for the Teachers’ Constituencies in following manner: “As per existing practice, the date of commencement of service and the date or retirement of the individual applicant is obtained from the Head of the concerned School/Institution. It has further been provided in Para 4.3.5 of the ECI guidelines dated 27.5.13, that ‘History table’ of teaching in a specified educational institution for each elector enrolled in the Teachers’ Constituency is required to be maintained/updated by the Electoral Registration Officer by obtaining the information from electors or from the heads of the concerned educational institutions so that the names of all ineligible persons can be deleted adopting due legal procedure including notice for giving opportunity to prove their continued qualification to remain in the roll of concerned Teachers’ constituency. The CEO/EROs shall ensure compliance of this direction.” Thereafter guidelines have been issued and therein duties of Electoral Registration Officer has been provided for and procedure for enrolment for Teachers’ Constituencies has also been provided for. 8. Pursuant to the aforementioned directives as has been issued, the District Electoral Officer, Varanasi has proceeded to publish a programme for finalization of Electoral College in following terms: Sl. Activities Period for Teacher and No. Graduates Constituencies. 1 Campaign for collection for EPIC No. of Electors 26.8.2013 (Monday) to 14.9.2013 (Saturday) 2 Computerization of Electoral Roll By 25.9.2013 (Wednesday) 3 Consolidation & Integration of Roll By 25.9.2013 (Wednesday) 4 Printing of Draft Electoral Roll By 30.9.2013(Monday) 5 Issue of public notice in the News Paper & Date 1.10.2013(Tuesday) of Draft Publication of Electoral Rolls 6 Date of commencement of filing claims 1.10.2013 (Tuesday) in Form-18 and Form-19, as the case may be 7 First re-publication of notice in news papers.
15.10.2013(Tuesday) 8 Second re-publication of notice in news papers 25.10.2013 (Friday) 9 Period of filling claims and objections 1.10.2013 (Tuesday) to 30.10.2013 (Wednesday) 10 Disposal of claims and objections 3.12.2013 (Tuesday) 11 Preparation of supplementary lists and printing of Rolls 7.1.2014 (Tuesday) 12 Final publication of Electoral Rolls 10.1.2014 (Friday) 9. A bare perusal of the programme in question would go to show that an incumbent who intends to get himself registered in the Electoral College is free to file his claim by 1.10.2013 and then thereafter, there has to be publication of notice in newspaper on 15.10.2013 and 25.10.2013 and thereafter period for filing claims and objections has been provided starting w.e.f. 1.10.2013 to 30.10.2013 and then 3.12.2013 is the date fixed for disposal of claim and objections. Once petitioner’s submission is that incumbents who are no at all entitled to be included in the Electoral College their names are being included and such statement of fact mentioned by the petitioner is a sweeping statement without giving specific instances, then no credibility could be attached to the same. Once for finalization of Electoral College schedule has been given there, then the petitioner can always file his objections and it is always expected that the objections so filed shall be dealt with in accordance with the provisions as has been provided for in the guidelines in question as has been issued by the Election Commission of India. 10. In view of this, once full-fledged procedure has been provided for, as per which initially Electoral College has to be published and then objections are required to be filed and the said objections thereafter are to be dealt with, then there is no occasion for this Court to otherwise create a forum which otherwise is not subscribed in law, and specially in the light of the schedule which has been so fixed. The writ petition is dismissed accordingly.