1-Wp-12599-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12599 OF 2025 Amit Pandurang Surve & Ors. … Petitioners Versus Election Commissioner Of India & Ors. … Respondents —————— Mr. Kedar P. Lad i/b. Mr. Pradeep D. Dalvi for the Petitioner. Mr. S.B. Kalel, A.G.P. for the Respondent-State. —————— Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : 8th December 2025. P. C. : 1. Learned A.G.P., on instructions, fairly submitted that some instructions were issued as a result of misunderstanding. The concerned Officer is aware of the decision(s) of the Hon’ble Supreme Court and this Court, which they are bound to abide. Accordingly, the learned A.G.P., on instructions, submitted that separate Affidavits-in-Reply have in fact been filed by Respondent Nos. 4 to 7. Paragraph No.3 of these Affidavits-in- Reply is common, which reads thus :- osk 1 of 2 1-Wp-12599-2025.doc “I say that the teachers shall put on election duties of electoral rolls revision work only on holidays, non-teaching days and non-teaching hours. As per the directions of the Hon’ble Supreme Court, non-teaching staff can be put on duties at any time in the case of Election Commission of India Vs. St. Mary’s School (supra). I further say that the concerned school management is at liberty to deploy teachers of their choice in case they are in difficulty on the part of their requisitioned teachers attending election duties i.e. electoral rolls revision work. So far as training to the teaching staff, the same will be conducted during holidays or during non-teaching hours.” 2. In view of the above, the Petition is disposed of. 3. The show-cause-notice issued to the Petitioners shall not consequently be acted upon. 4. Needless to mention, the Petitioners are also required to abide by the decision(s) of the Hon’ble Supreme Court; and if they are asked to perform their duties beyond duty hours/school working hours/teaching hours within the framework prescribed, they are obliged to follow such instructions. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] osk 2 of 2 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2025.12.08 20:10:58 +0530