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2025 DAILYLAW 31055 (ALL)

MANMOHAN CHITRAVANSHI v. STATE OF U.P. AND 4 OTHERS

WRIA/3547/2025 · 2025-03-20

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41568 Court No. - 6 Case :- WRIT - A No. - 3547 of 2025 Petitioner :- Manmohan Chitravanshi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyam Singh,Tanya Mishra Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Satyam Singh, learned counsel for petitioner and Sri Kauslesh Pratap Singh, learned counsel for Respondents-4 and 5. 2. Petitioner before this Court has challenged the impugned order dated 24.02.2025 whereby he being a Teacher is appointed as Booth Level Officer for the purpose of election process. 3. Learned counsel for petitioner has placed reliance on a recent judgment passed by a Coordinate Bench of this Court where in similar circumstances Coordinate Bench has disposed of Writ-A No. 16401 of 2024 vide judgment dated 11.02.2025 with following directions: “40. Accordingly, the respondent authorities are directed to refix the deployment of teachers as Booth Level Officers or on other election duties in light of the above interpretation of Election Commission Guideline No. 1.5d read with Election Commission Guideline No. 1.2. In case other categories of staff mentioned in Election Guideline No. 1.2 are available, teachers shall not be deployed on election duties or appointed as Booth Level Officers. The exercise shall be completed within a period of three months. 41. However, till such exercise is carried out the concerned teachers will have to discharge their electoral duties as contemplated in the impugned list of BLO dated 16.08.2024 passed by the respondent No. 7 i.e. District Magistrate/District Electoral Registration Officer, Jhansi. The petitioner shall perform the electoral duties on holidays and after teaching hours till fresh orders in compliance of directions in this writ petition. The impugned order/list shall however abide by the fresh orders to be passed by the respondent No. 7 pursuant to the above directions.” 4. Learned counsel for petitioner submits that this writ petition may be disposed of in terms of above judgment since petitioner is ready to comply the directions passed therein. 5. Learned counsel appearing for Respondents-4 and 5 submits that no fresh guidelines are issued in terms of above referred direction till date and respondents are in process to finalize fresh scheme. 6. In aforesaid circumstances, this writ petition is disposed of in terms of aforesaid judgment dated 11.02.2025 and it is directed that petitioner may discharge duties as BLO as referred in aforesaid judgment. In case of default, concerned respondent may take disciplinary action against petitioner. Order Date :- 21.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad