IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7212 of 2011 1. RAJIVA KANT PATHAK, son of late Rati Kant Pathak, the Secretary of Teachers’ Association Rajendra College, Chapra, P S and District – Chapra. 2. ANIL KUMAR, son of late Kripal Sharan, the President of Teachers Association Rajendra College, Chapra, P S and District – Chapra. ________ Petitioners Versus 1. THE STATE ELECTION COMMISION BIHAR, Patna, through its Commissioner. 2. The District Election Officer (Panchayat) cum District Magistrate, Chapra. 3. The Jai Prakash University, Chapra, through its Registrar. ________ Respondents ----------- For the petitioners: M/S. Sanjay Singh and Subh Narain Singh. For the Commission : Mr. R S Pradhan, Sr. Advocate and Mr. Sanjeev Nikesh. For J P University : Mr. Shivendra Kishore. ------ 02. 28.04.2011 Petitioners are supposed to be the teachers of what is known as Rajendra College, Chapra. They are aggrieved because State Election Commission deployed them for election duty in the ongoing Panchayat elections. Their stand is that keeping in view the decision rendered by the Hon`ble Supreme Court in the case of Election Commission of India v. St. Mary’s School and others, (2008) 2 SCC 390 and some other decisions of this High Court, based on the ratio of the Supreme Court orders, they should not be compelled to go for election duty. This Court has had occasion to deal with some similar matters in quite detail, which is CWJC No. 6723 of 2011 disposed of on 21.4.2011. The Court after hearing the parties including the State Election Commission took note of 2 the statutory amendment which has been incorporated in the Bihar Panchayat Raj Act, 2006, specially section 125(9) of this Act wherein power has been invested by the legislature to deploy persons indicated therein for election duty. Even otherwise the order of the Hon`ble Supreme Court in the case of St. Mary’s School is not in absolute, therefore, depending on the facts and circumstances and the requirements such deployment can be made. Since conduct of elections at Panchayat level , which is a mammoth exercise, requires large number of man powers, the deployment of the teachers is integral for holding such elections and a bar on such deployment may even jeopardize the conduct of election as such. Therefore, the Court is not inclined to interfere with the order of deployment but the Court has already directed in the earlier case that the District Magistrate, who also happens to be the District Election Officer, will ensure that interest of students and teachings as well as conduct of any examination are not jeopardized and a fine balance is maintained between the responsibility of these petitioners as teachers vis-à-vis their duties to facilitate conduct of an election, which is the basic feature of the Constitution. The writ application is disposed of with above observation. rkp ( Ajay Kumar Tripathi, J.)