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AUTA challenges detailing univ teachers for poll duty in High Court, ECI seeks 3 weeks time to reply
Ongoing election process, including counting of votes to be done as per guidelines of ECI
April 29: Assam University Teachers’ Association (AUTA) filed a writ in the Gauhati High Court (Case No. WP (C)/ 2838/ 2021), wherein they argued against drafting of the university teachers in different works of election. The advocate of the petitioner K.K. Mahanta argued that the appointment of university teachers for electoral works hampers them from performing their normal duties of teaching- learning process, which causes immense loss for the student community. It was also argued that such duties also hampers the career growth of the teachers.
AUTA represented by its President Dr Amalendu Chakraborty and General Secretary Dr Devashish Sengupta filed the writ against 8 respondents. They are: Election Commission of India, Chief Electoral officer Assam, Additional Chief Electoral Officer Assam, Dist Election Officer cum DC Cachar, Union of India represented by Secretary Home Deptt, State of Assam represented by its Commissioner & Secretary Home Deptt, UGC represented by its Secretary and Assam University represented by its Registrar.
After hearing the argument in virtual mode, Justice MR Pathak stated, “In the writ petition, the writ petitioner, which is an association of teachers of the Assam University at Silchar, Assam, has challenged the vires of Section 159 of the Representation of Peoples Act, 1951 (hereinafter referred to as “the Act”) on grounds that the powers, which have been given to the Chief Electoral Officer and others are beyond what is prescribed under Article 324(6). There are other arguments as well in as much as it has been stated that there is not any Regional Election Commissioner appointed for the present elections in Assam.”
In the writ, it was stated the District Election Officers are exercising unbridled power and the university teachers are being asked to do election duties which, normally, the university teachers should not be asked for to do, etc.
“Since elections in Assam are already under way inasmuch as the counting of votes and declaration of the result have remained to be done, we are not interfering with the ongoing process of election. Let the elections be completed. All the same, since the vires of the Act has been challenged on more grounds than one, Mr. D. Baruah, Senior Standing Counsel, Election Commission of India, sought three weeks’ time to file a detailed affidavit-in-reply. He, however, assured the court that the ongoing election process, including the counting of votes, will be done as per the guidelines of the Election Commission of India (ECI),” stated the order. The matter will be taken up again on 15 June, 2021.
