JUDGMENT : R.K. DESHPANDE, J. 1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties. 2. The grievance in all these petitions is by the aided colleges affiliated to various universities or the teaching staff employed in such colleges against the action of the respondents calling upon them to perform the election duties in exercised of the power conferred by Section 159 of the Representation of the People Act, 1951 (hereinafter referred to as the “Act” for the sake of brevity). Reliance is placed upon the decision of the Apex Court in the case of Election Commission of India vs. St. Marys School & Ors., (2008) AIR SC 655, decision of the Division Bench of this Court in Writ Petition No.7482 of 2015 (Chandmal Tarachand Bora College Teachers’ Association vs. State of Maharashtra & Ors., decided on 31st July, 2015 and the another decision of this Court delivered on 31st January, 2012 in Writ Petition No.1011 of 2012 (Dr. Shamrao Pandurang Lawande & Ors. vs. The State of Maharashtra & Ors. It is urged that in terms of the aforesaid decisions, the petitioners cannot be called upon to perform the election duties, particularly when the university examinations are going on. 3. Initially, the matter was heard on 27th March, 2019 when this Court passed an order as under : “Our attention is invited tot he Time Table for the examination, released by Gondwana University, Gadchiroli in respect of B.Sc. Part-I examination for Summer, 2019. The examination is to commence from 8th April, 2019 and 17th May, 2019 is the last date. In this situation, the College staff is requisitioned by the Election Commission for the purpose of Lok Sabha Elections of 2019. Issue notice for final disposal of the matter, returnable on 3rd of April, 2019. We expect the respondent no.2 - Collector, Chandrapur, to take a decision in the matter or to find out the alternate way of requisitioning the other staff from other establishments, keeping in view the schedule of examinations released by the said University. To be heard along with Writ Petition No.2324 of 2019.” 4. We expect the respondent no.2 - Collector, Chandrapur, to take a decision in the matter or to find out the alternate way of requisitioning the other staff from other establishments, keeping in view the schedule of examinations released by the said University. To be heard along with Writ Petition No.2324 of 2019.” 4. In response to the aforesaid order, the respondents have filed an affidavit before this Court in which it is specifically stated that certain papers/subjects in the examinations the dates of which, clashed with the polling dates, have been postponed by the universities so as to pave way for the smooth parliamentary elections, which are of most importance and priority. 5. The provision of Section 159 of the Act, being relevant, 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 purposes 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; (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. The hiring of the services of the staff employed by the colleges receiving grant in aid from the State Government and affiliated to the universities, is covered by Section 159(2)(iv) of the Act reproduced above. This question was considered by the Apex Court in its decision in the case of Election Commission of India, cited supra. It is held in paragraphs 27 and 32 as under : “27. The provisions of the 1950 and 1951 Acts although were enacted in terms of Article 324 of the Constitution of India, the same must be given restricted meaning. Holding of an election is no doubt of paramount importance. It is held in paragraphs 27 and 32 as under : “27. The provisions of the 1950 and 1951 Acts although were enacted in terms of Article 324 of the Constitution of India, the same must be given restricted meaning. Holding of an election is no doubt of paramount importance. But for the said purpose the education of the children cannot be neglected. Therefore, it is necessary to maintain the balance between the two. 32. 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 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.” Following the aforesaid dictum laid down by the Apex Court, this Court has also delivered the judgment, cited supra, holding that the teaching staff cannot be called upon to perform the elections duties on working days. There cannot be a dispute over the proposition of law laid down in all the aforesaid decisions. 7. In the present case, upon re-schedule of university examinations, the petitioners and the teaching staff can conveniently be called to perform election duties on the day of polling and one day before and after the date of polling. Considering the importance, priority, object and mandate of the provision of Section 159 of the Act, the university authorities have decided to pave way for the smooth parliamentary elections. On the date of polling and one day before and after it, there are no university examinations. Training, which is being provided, is also not during the working or teaching or examination hours. If there are any genuine difficulties in parting with the service of a particular teaching staff, a request can always be made to the concerned authorities, which may consider it upon such satisfaction, to grant exemption. However, we do not find that the cases before us are covered by the ratio of the decisions cited above. If there are any genuine difficulties in parting with the service of a particular teaching staff, a request can always be made to the concerned authorities, which may consider it upon such satisfaction, to grant exemption. However, we do not find that the cases before us are covered by the ratio of the decisions cited above. The teaching staff cannot avoid the performance of election duties and failure to perform such duties may result in taking disciplinary action against the concerned member. 8. We do not find any reason to interfere with the impugned order. The writ petitions are dismissed. 9. Rule is discharged with no order as to costs.