JUDGMENT : Ashwani Kumar Mishra, J. 1. This petition has been filed by the Committee of Management of AMU School Teachers Association, Aligarh through its Secretary seeking following relief’s in the writ petition:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to entrust election duties to the members of the petitioner association who are teaching staff of the institutions which have been referred in paragraph in reference. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent to follow the judgment reported in (2008) 2 SCC390 of Election Commission of India Vs. St. Mary School and others as also in Writ Petition No. 23377 of 2009 having been rendered on 5.5.2009." 2. Petitioner contends that being members of the teaching staff, they are otherwise performing important function of dispensing education to the children in different schools and therefore they ought not to be associated in the conduct of election duty as it would adversely affect the cause of education in the institution where they are working as teachers. In support of the petition, petitioners have brought on record certain documents which would show that the members of the association have been appointed as Presiding Officer to manage the forthcoming Parliamentary Election in the month of April and May, 2019. As per the order passed by the District Election Officer, the members of the petitioners' association are to remain present on the date of polling and have also to undergo training on 3 days i.e. 24.3.2019, 25.3.2019 and 26.3.2019. Such training had to be for a period of 3 hours duration. 3. Learned counsel for the petitioner submits that the Election Commission of India has also given an undertaking before the Apex Court that they shall not post members of teaching staff during the course of teaching in their institution and, therefore, orders passed by the District Election Officer cannot be sustained. It is also stated that fresh academic sessions commences from 8.4.2019 and assigning of duties to the member of the petitioner association would adversely affect the cause of education. 4. While entertaining the writ petition, this Court passed following orders on 28.3.2019:- "This petition is by the association of teachers who are working in various institutions run by the Aligarh Muslim University. 4. While entertaining the writ petition, this Court passed following orders on 28.3.2019:- "This petition is by the association of teachers who are working in various institutions run by the Aligarh Muslim University. Their grievance is that election work is being assigned to them during the teaching days and teaching hours. Reliance is placed upon the judgment of the Apex Court in Election Commission of India Vs. St. Marry's School & Ors, (2008) 2 SCC 390 as also a division bench judgment of this Court in Jamil Ahmad & others Vs. The Election Commission of India and others to submit that such action on part of the respondent authorities is in derogation of law laid down by the Supreme Court and this Court. Sri B.N. Singh appearing for the Election Commission of India prays for and is allowed three days' time to obtain instructions. Let this matter appear as fresh once again on 1.4.2019." 5. Sri B.N. Singh, learned counsel for the Election Commission has obtained instructions from the Election Commission. Learned Counsel for the Election Commission has invited attention of this Court to Section 159 of the Representation of the People Act, 1951, which is reproduced below:- "[159. Staff of certain authorities to be made available for election work: —(1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. (2) The following shall be the authorities for the purpose of sub-section (1), namely:— (i) every local authority; (ii) every university established or incorporated by or under a Central, Provincial or State Act; (iii) a Government company as defined in section 617 of the Companies Act, 1956 ( 1 of 1956); (iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.]" 6. Learned counsel for the Commission further submits that the grievance raised before the Apex Court in the case of Election Commission of India Vs. St. Learned counsel for the Commission further submits that the grievance raised before the Apex Court in the case of Election Commission of India Vs. St. Mary's School and others, reported in (2008) 2 SCC 390 related to assignment of duties to teachers of educational institution in preparation and revision of electoral roll, for which teachers had to be engaged for a long period of time. It was in that context that the Election Commission of India gave an undertaking that teachers in educational institution would not be assigned duties during school hours and taking note of such stand the Apex Court proceeded to make certain observations in paragraph Nos. 31 to 33:- "31. It is probably with that end in view the counsel appearing for the Election Commission had also joined the other counsel appearing for the respondents, to suggest the Court that the services of the teachers may not be requisitioned on the days on which the schools are open. Submission of Mr Venugopal that such a contention had not been made by the learned counsel appearing on behalf of the Election Commission cannot be accepted. 32. We have, however, considered the matter at some details as the question in regard to the application of the constitutional right and in particular fundamental right cannot be thwarted only by reason of a concession made by a counsel. 33. We would, however, notice that the Election Commission before us also categorically stated that as far as possible teachers would be put on electoral roll revision works on holidays, non-teaching days and non-teaching hours; whereas non-teaching staff be put on duty any time. We, therefore, direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non-teaching days. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non-teaching staff, however, may be put on such duties on any day or at any time, if permissible in law." 7. A Division Vision Bench of this Court in Writ Petition No. 23377 of 2009 (Jamil Ahmad and others Vs. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non-teaching staff, however, may be put on such duties on any day or at any time, if permissible in law." 7. A Division Vision Bench of this Court in Writ Petition No. 23377 of 2009 (Jamil Ahmad and others Vs. Election Commission of India and others) also proceeded to observe as Under:- "In the present case it is contended that the petitioners have been assigned for duties on three days beginning from 6th May to 8th May, whereas the Controller of Examination of the university has not provided for holidays on these days. The polling date of the Lok Sabha Elections in the districts is ordinarily declared as non working day to allow the citizens to cast their vote. The Aligarh Muslim University, Aligarh can have no exception in this regard. The order of the District Election Officer requires the petitioners to attend to election duties on the polling day. The submission that non-teaching staff could have been assigned the duties does not require consideration at this stage, as the name of the petitioners were forwarded to the District Election Officer by the Registrar of the University. The issue raised in this writ petition have been considered by the Supreme court and tht the direction quoted above were issued, on the statement made by the Election commission of India that teaching staff will ordinarily not to be on duty on teaching days within teaching hours. Having regard to the facts and circumstances, we dispose of the writ petition on the same terms as issued by the Supreme court in Election Commission of India Vs. St. Mary's School (supra)". 8. It is in the context of aforesaid judgments that the issue raised in the present matter is required to be considered. 9. Members of the petitioner association have been appointed as Presiding Officer of various election booths on the polling date. It is not in issue that the polling date is declared as a holiday and therefore, none of the members of the petitioner's association can have any grievance if they are appointed as Presiding Officer nor the cause of education would be adversely affected. 10. The only other duty assigned to the teacher is to undergo training for a duration of three hours each on three different dates. 10. The only other duty assigned to the teacher is to undergo training for a duration of three hours each on three different dates. The dates of training, as per the notice annexed, were in the month of March, 2019 which has already passed. Although it is stated that the training dates have been re-fixed some times in the month of April but such contention is not substantiated by any material. 11. Learned counsel for the petitioner submits that even for appearing on the election date, a teacher has to consume much larger time inasmuch as he has to report for duty at least a day in advance for receiving electronic machines etc. and also to deposit the same on the next day. It is stated that the argument that only a day time is spent in the process is factually incorrect. 12. The observation of the Apex Court in the case of Election Commission of India (supra) were made in the context of a grievance raised by the teachers for being associated in preparation and revision of electoral roll. The exercise to prepare and revise the electoral roll extends over a much longer period of time than what is required for acting as Presiding Officer in the election duty itself. It is in this context that following observations were made made by the Apex Court in paragraph 29 of the judgment:- "29. With an advent of technology requisitioning of a large number of people for carrying out the election may not be necessary. We may notice that the Election Commission has different roles to play. Preparation of an electoral rolls, revision of electoral rolls, when objections are filed, hearing the parties and determining the objections, enumeration of the voter list and to hold elections as and when due. The Election Commission and its officers, in our opinion, can formulate an effective scheme to see that the services of a large number of teachers are not required. The State admittedly is not in a position to perform its sovereign function of imparting education. Such functions necessarily are required to be performed by the private actors. The Election Commission and its officers, in our opinion, can formulate an effective scheme to see that the services of a large number of teachers are not required. The State admittedly is not in a position to perform its sovereign function of imparting education. Such functions necessarily are required to be performed by the private actors. Those students who are in a position to get admission in the public schools presumably would also be in a position to appoint tutors whereas those students who are admitted to the Government schools ordinarily would be from the middle or lower middle class or poor families. The state of primary education in India is in deplorable condition. There admittedly is a heavy drop outs from the schools particular from amongst the girl schools. The question if right to exercise franchise whereupon the emphasis is laid by Mr. Venugopal is an important one, right to education is also no less important being a fundamental right." 13. The exigency that was being dealt with by the Supreme Court in Election Commission of India (supra) therefore was distinguishable and would have no applicability in so far as facts of the present case are concerned. 14. The matter has to be examined from a different angle also. Holding of free and fair election in a democratic set up is of utmost importance. Due care and precaution has to be taken by the Election Commission under the Representation of the People Act, 1951 by associating independent persons in the conduct of election so that the sanctity of election process is not compromised. Section 159 of the Act clearly specifies that the staff who could be associated in such exercise includes employees of the every local authority; every University established or incorporated by or under the Central or Provisional Act; a Government Company as defined under Section 617 or any other institution/ concern/ undertaking established by or under a Central, Provincial or State Act. The Court is expected to remain conscious of the importance of conducting free and fair elections in a democratic nation. The competing interest in holding of free and fair election as well as imparting education in different educational institution has to be balanced. The Court is expected to remain conscious of the importance of conducting free and fair elections in a democratic nation. The competing interest in holding of free and fair election as well as imparting education in different educational institution has to be balanced. While teachers ought not to be associated in preparation and revision of electoral roll for a very long period of time as educational activities are likely to be compromised but same view cannot be taken in respect of teachers associated in actual conduct of poll in the Parliamentary Elections. The actual date of poll is otherwise declared as holiday. Even if argument of learned counsel for the petitioner is accepted that some more time gets consumed in the process then that in itself would not be sufficient to divest the teachers of responsibilities in election work in as much as existence of democratic set up itself would be dependent upon holding of a free and fair election, and the authorities much be given some play in the joint to accomplish the task effectively. 15. On the facts of the case, it is otherwise found that the training for three hours on three days has otherwise passed. In case any training is still required, it would be open for the petitioner to represent its grievance before the District Election Officer, who shall endeavour to assign specific duration for training to members of petitioner's association, which would not adversely affect the conduct of teaching in the educational institution. 16. Subject to the observations made above, this petition is consigned to records.