SC stays Kerala HC order disallowing teachers, other staff of govt-aided schools from contesting polls

The Supreme Court on Thursday stayed a Kerala High Court order which had disallowed teachers and non-teaching staff of aided schools from contesting elections. Nominations for the elections close on Friday.

A three-judge bench led by Chief Justice of India SA Bobde stayed the order after a short hearing in the court.

The high court had acted on public interest litigations (PILs) which had argued that though there was a ban on teachers of government schools contesting elections or taking part in any other political activities, those in aided schools could. While extending the ban, the high court division bench struck down as unconstitutional Section 2 (IV) of the Legislative Assembly (Removal of Disqualifications) Act, 1951, which laid down that any employee of a non-governmental educational institution would not be disqualified for being chosen as a member of the assembly only on this ground. This declaration would work prospectively, the high court had said.

The petitions had argued that with the Right to Education Act coming into effect, the state was under a duty to ensure quality education in both government and aided institutions. Political activities, if disallowed for one, must be disallowed for another, they had said.

The high court had then disallowed teachers of aided schools from contesting the impending elections.