'Can you do whatever you want?': Delhi HC to EC on teacher deployment for SIR

The Delhi High Court on Friday (July 24) questioned the Election Commission (EC) over deploying school teachers for duties regarding the special intensive revision (SIR) of electoral rolls in the national capital, asking whether it can do anything it wants, invoking Article 324.

The EC is conferred with powers of superintendence, direction, and control of elections for Parliament and State Assemblies under Article 234.

Court questions EC

"Taking shade of Article 324, you do whatever you like?" asked the High Court as quoted by the Bar and Bench.

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The court also asked the poll panel under which authority it was instructing teachers to do SIR-related work, as it pointed out that the EC can take punitive measures against teachers if they do not perform the tasks.

EC’s argument

Appearing for the EC, advocate Vashishtha argued that the SIR process in Delhi was almost over, adding that only 10 to 14 per cent of school teachers were eventually asked to perform SIR duties.

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The High Court pointed out that although the ECI refers to personnel as “volunteers” they have no choice but to accept SIR-related duties.

"Make a statement that this is voluntary, and we will dispose of the petition," stated the Court.

Voluntary or compulsory?

As for the EC’s argument that teachers are asked to work only on holidays and non-teaching hours, the Court stated, "Somebody is not interested in your honorarium or compensation. Can these instructions issued by you be said to be mandatory? Can you say no, no, no, we are compensating, please come. Destroy their holidays? Don't they need rest?"

The High Court ultimately directed the EC to place its stand on record by filing an affidavit and listed the matter for further hearing on July 28.

PIL challenges deployment

The Bench was hearing a public interest litigation (PIL) moved by advocates Rajesh Kumar Gogna and Ashok Agarwal questioning the EC’s decision to requisition the services of school teachers for duties connected with the SIR.

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The petitioners contended that in a number of schools, the entire regular teaching staff had been taken away during school hours, leaving classes to be handled either by guest teachers or by teachers from unrelated subjects.

It was further alleged that the impact of the exercise was being borne solely by schools catering to economically weaker sections, whereas private unaided schools had not been subjected to a similar exercise.

Petitioners claim legal violations

"The deployment is contrary to the law declared in Election Commission of India v. St. Mary's School, violates section 27 read with Sections 25-26 of the RTE Act, 2009, and ignores the vast pool of non-teaching staff of the authorities amenable to requisition under Section 159 of the Representation of the People Act, 1951," it was stated.