A special bench headed by Chief Justice of the Allahabad High Court will hear petitions and special appeals filed by assistant teachers of the Basic Schools against taking up the work of verification of voter lists.
The Division Bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal passed this order while hearing a Special Appeal Defective filed by Kamlesh Yadav. The issue raised by the appellant is that Assistant Teachers working in various schools run by Basic Shiksha Parishad cannot be deputed on election duty for revision of electoral roll.
The single judge had dismissed the petition relying upon the judgment of the Court in Writ Petition (Shiv Singh and others Vs. State of UP and others) decided on August 16, 2021.
The counsel for the respondents pointed out that the order passed by the single judge in Shiv Singh’s case was challenged in Special Appeal. Initially contest was made on merits, but later on the appellants therein confined the prayer only to the extent that the petition may be treated to have been “disposed of” instead of “dismissed”. Allowing the aforesaid prayer, the appeal was disposed of on November 10, 2021 modifying the order of Single Judge only to that extent.
The counsel for the appellant has referred to an order passed by a Division Bench of the Court in Special Appeal (State Election Commission, UP, Lucknow through Secretary Vs. State of U.P. and others) decided on December 1, 2020.
The appeal filed against the stay order passed by the Single Judge was dismissed on December 1, 2020. It was arising out of an order dated November 4, 2020 passed by Single Judge in Nivedita Shukla and others Vs. State of UP and others.
Another order dated November 11, 2021 was passed by the Single Judge at Lucknow Bench and other connected matters whereby this issue has been referred to be considered by a larger bench, the court observed.
“Considering the facts, let the appeal along with Writ Petition No. 19245 (SS) of 2020 and Service Single 26228 of 2021 with connected petition along with all other connected petitions or appeals be listed before one Bench to be constituted by the Chief Justice. It shall be the duty of the counsel for the respondents to provide the list of all the cases involving similar issues to the Registrar (Judicial) of this Court at Allahabad and Lucknow within one month. On failure to furnish information or incomplete information, the Direction of Education (Basic), as submitted by the counsel for the respondents, shall be personally held responsible and will be dealt with by the Court,”
-the order reads.