IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4722 of 2009 ALL INDIA AYURVEDIC SPECIALIST (P.G.) ASSOCIATION Versus THE STATE OF BIHAR & ORS ----------- 2/ 15/04/2009 Heard learned counsel for the petitioner and learned counsel for the Election Commission. The petitioner is an association representing teaching and non-teaching staff of certain Ayurvedic College and Hospitals. National Elections are the foundation of the democracy and it is the pious duty of every citizen to contribute his mite to it in stead of seeking alibi to avoid which is otherwise a constitutional obligation of every citizen. Section-159(iv) of the Representation of People’s Act, 1951, as amended by Act 12 of 1998 provides as follows:- “[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.]” To that extent, this Court does not find any merit in the writ application insofar as the teaching staff are concerned. Insofar as the staff engaged in actual activity of medical treatment are concerned, learned 2 counsel for the Election Commission has been more than fair when he submits that a balance shall have to be maintained in deputation so that the activity of medical treatment is not unduly hampered, but at the same time staff are made available for election purposes. In view of the stand of the Election Commission itself, no orders are required to that extent on the writ application. The writ application is allowed only to the extent indicated. KC (Navin Sinha, J.)