The Election Commission on Wednesday informed the Bombay High Court that it won't be calling teaching and non-teaching staff from unaided schools for election duty during the forthcoming Lok Sabha polls.

A division bench of Justice Abhay Oka and Justice MS Sanklecha accepted the statement made by the commission and held that Section 159 (2) (iv) of the Representation of People's Act only includes staff of an institution "which is established by or under a Central, Provincial or State Act, or which is controlled, or financed wholly or substantially by the central government or a state government". Unaided schools are not established under any Act, but have been given registration and affiliation by the state. They can't be asked to come for election duty.

The forum had approached the high court after notices were issued to teachers to report for election duty. Senior advocate Mihir Desai and advocate S Jadhav argued, "Chief electoral officer did not apply his mind as to whether teachers from such institutions could be called for election duty. He should have ascertained whether these institutions could be termed as an authority mentioned in Section 159 of the Act."

The bench had on the previous hearing agreed with the petitioners and had directed the ECI to file its reply, following which the ECI made the statement. The forum has been approaching the high court seeking relief to its members since 2009.

THE LAW SAID IT

• The Representation of People’s Act says only people of an institution “established by or under a Central, Provincial or State Act, or which is controlled, or financed wholly or substantially by the central government or a state government” can be asked to report for election duty