1 aswp-5779-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5779 OF 2010 Maharashtra Rajya Shikshak Parishand Kalyan, Dist. Thane and ors. .. Petitioners Vs. The State of Maharashtra and ors. .. Respondents Mr. N. V. Bandiwadekar for petitioners. Mr. C.R. Sonawane, AGP for respondent nos.1 and 2. Mr. Pradeep Rajgopal for respondent nos.5 and 6. CORAM: B. H. MARLAPALLE & P. D. KODE, JJ. OCTOBER 04, 2011. P.C. 1. We have heard Mr. Bandiwadekar, the learned counsel for the petitioners. He has placed before us a copy of the decision in the case of Election Commission of India vs. St. Mary’s School and ors. [(2008) 2 SCC 390]. Para 33 of the said judgment reads as under:- “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 2 aswp-5779-10 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.” 2. The learned counsel appearing for the Election Commission has assured us that the Election Commission is bound by the statement categorically made before the Supreme Court and as recorded in the case of St. Mary’s School (Supra). We have also been assured that the directions given in the said decision by the Supreme Court shall be followed by the Election Commission and, in fact, they have been following the said directions. It is for the local authorities to establish a coordination with the concerned school management/headmaster/headmistress and ensure that the teachers would be put on electoral roll revision work on holidays, non- teaching days and non-teaching hours; whereas there is no such restriction when the non teaching staff is put on election duty. 3. In view of the undertaking furnished before us, we do not think it necessary to pass any other order in this petition and the petition is disposed off. (P. D. KODE, J.) (B. H. MARLAPALLE, J.)