6-11332-2025-CWP=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11332 OF 2025 Kolhapur District Secondary and Higher Secondary School Head Master Association & Ors. … Petitioners Versus State of Maharashtra & Ors. … Respondents …………. Mr. Ishaan Kapse (through VC) a/w Mr. Tejas Patil for the petitioners. Mr. S.B. Kalel, AGP for the respondent - State. …………. Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ. Date : October 01, 2025. ORAL ORDER : (Per M.S. Karnik, J.) 1. Heard learned counsel for the petitioners and the learned AGP for the respondent – State. 2. The petitioners have filed the present Writ Petition under Article 226 of the Constitution of India challenging the orders passed by the respondent authorities directing appointment of Secondary and Higher Secondary School Teachers as Booth Level Officer (“BLO”, for short). Uday S. Jagtap 1 of 5 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2025.10.01 21:02:59 +0530 6-11332-2025-CWP=.doc According to the learned counsel for the petitioners such conduct is directly contrary to the Government Resolution dated 23rd August 2024, which specifically prohibits entrusting non-teaching duties on the teachers. 3. The respondent authorities have issued show-cause notices to the petitioners warranting coercive steps and action under the Representation of People Act, 1951 for non-compliance of the orders. To demonstrate that the teaching staff is made to attend during school working hours, learned counsel for the petitioners invited our attention to the communication dated 23rd July 2025 [page 184 of the paper book (Exh.’H’)] addressed by the Assistant Electoral Registration Officer calling the teachers for training on 31st July 2025 between the period from 11.00 p.m. to 1.00 p.m. at Shahu Smarak, Dasara Chowk, Kolhapur. 4. The Hon’ble Supreme Court in Election Commission of India Vs. St. Mary’s School and Ors.1 has in para 33 recorded the stand of the Election Commission 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. The Hon’ble 1 (2008) 2 SCC 390 Uday S. Jagtap 2 of 5 6-11332-2025-CWP=.doc Supreme Court, therefore, directed that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non- teaching days. Their Lordships observed that 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. 5. Learned AGP, on instructions, reiterated the stand of the respondents that the directions of the Electoral Officers will be in accordance with what is contained in para 33 of the decision of the Hon’ble Supreme Court in ECI Vs. St. Mary’s School (supra). It is further submitted that the work of the shool will not be hampered because it is not as if all the teachers are required for election duties of electoral rolls revision work as the chart on page 34 indicates. Learned AGP submitted that certain percentage of teachers have been requisitioned for such duties, which does not disturb the education activities. For instance, it is pointed out that in respect of the School at Sr. No.1 i.e. Usharaje High School, Kolhapur, only 10 teachers out of 47 teachers have been requisitioned. So far as Holy Cross Convent High School, Kolhapur is concerned, only 1 out of 15 teachers has been requisitioned. We however, find that so far as Sr. No.8 viz. Maharana Pratap High Uday S. Jagtap 3 of 5 6-11332-2025-CWP=.doc School, Kolhapur is concerned 3 out of 6 teachers have been requisitioned. Learned AGP submitted that the teachers shall be put on election duties of electoral rolls revision work only on holidays, non- teaching days and non-teaching hours. In view of the directions of the Hon’ble Supreme Court, non-teaching staff can be put on duty at anytime. Statement made by the learned AGP on instructions, is recorded. 6. Further, learned AGP invited our attention to the instructions of the Assistant Electoral Registration Officer dated Nil of August 2025, wherein it is stated that the concerned School Management is at liberty to deploy the teachers of their choice in case there is any difficulty on the part of the requisitioned teachers attending election duties. It is further stated on instructions that even so far as the training to the teaching staff, the same will be conducted during holidays or during non-teaching hours. 7. Learned AGP assured that the respondent authorities will scrupulously follow the statements made on instructions. Recording this assurance, we do not propose to keep the petition pending any further. In case any School Management has genuine difficulty in relieving the teachers, which has effect of hampering the educational activities, Uday S. Jagtap 4 of 5 6-11332-2025-CWP=.doc representation to that effect can always be made to the Electoral Registration Officer of the particular Constituency where the school is situated. We have no reason of doubt that the concerned Officer will consider the same pragmatically. 8. In this light of the matter, the show-cause notices which have been already issued to the petitioners shall not be acted upon. However, in terms of the aforesaid order, it is expected that the teaching staff and the non-teaching staff shall abide by the instructions issued by the State Election Commission and its Officers, which obviously shall be in consonance with the directions of the Hon’ble Supreme Court in ECI Vs. St. Mary’s School (supra). 9. The Writ Petition is disposed of in the aforesaid terms. No order as to costs. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik ] Uday S. Jagtap 5 of 5