The Allahabad High Court has stayed the suspension of Sunil Dutt Sharma, principal of Lala Bapu Baijal Memorial Inter College, who attended a political rally while serving as a polling officer. Justice JJ Munir highlighted that Sharma’s presence at the rally, invited by a temple where he is a devotee, did not constitute active political campaigning.
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UTTAR PRADESH: The Allahabad High Court has stayed the suspension of Sunil Dutt Sharma, the principal of Lala Bapu Baijal Memorial Inter College, Lodhipur, Hapur, who had attended a political rally despite being a polling officer during the ongoing Lok Sabha elections. Justice JJ Munir presided over the case, which has garnered attention due to its implications on the conduct of public servants during election periods.
Justice Munir noted that Sharma, who holds a principal position at an aided inter college, had attended a meeting of the “NDA Party” based on an invitation from a temple where he is a devotee. The judge emphasized that Sharma’s presence at the meeting did not equate to active participation in political campaigning.
“There was no initial evidence of any campaigning activity, especially in his role as the Presiding Officer, which would invoke the provisions of Section 129 of the 1951 Act. Even if such evidence existed, it would pertain to a criminal prosecution rather than disciplinary proceedings for misconduct.”
– the Court stated.
Sharma had been suspended by the management of Lala Bapu Baijal Memorial Inter College following directions from the District Election Officer. The suspension came after Sharma was found to have attended the political meeting on March 31, which was a Sunday. The principal’s suspension raised questions about the appropriateness and legality of such disciplinary actions under election law.
During the court proceedings, Sharma’s counsel argued that there was no justification for his suspension since he was not a government servant. They contended that although the college receives aid from the State government, this does not render Sharma a government employee subject to state service conduct rules.
The court’s decision to stay the suspension highlights the nuanced application of election laws concerning public servants and the distinction between criminal prosecution and disciplinary proceedings. This ruling could set a precedent for similar cases in the future, ensuring that the rights of individuals are protected while maintaining the integrity of the electoral process.
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By staying the suspension, the Allahabad High Court has provided temporary relief to Sharma, who can now continue his duties as the principal of the college. This decision underscores the importance of a fair and just evaluation of actions taken during election periods and the need for clear guidelines on the responsibilities and restrictions placed on public servants and aided institution employees.
The case will continue to unfold as further legal proceedings take place, but for now, Sharma’s position as principal remains intact. The court’s emphasis on distinguishing between active campaigning and mere attendance at a political meeting could influence how similar cases are judged in the future, ensuring that disciplinary actions are not taken without substantial evidence of misconduct.
the question of whether a teacher serving as a polling officer can engage in political activities has sparked significant judicial scrutiny. The case in question revolves around Sharma, the officiating Principal at Lala Babu Memorial Inter College in Lodhipur, Hapur, who faced suspension after allegedly participating in an election rally.
The government previously allowed teachers from aided private educational institutions to participate in the election process, a point that was highlighted in court. Despite this, the electoral authorities argued that Sharma’s role as a Polling Officer effectively placed him under the Election Commission of India’s (ECI) deputation until the election results were declared.
Furthermore, the electoral authorities referenced Section 129 of the Representation of the People Act, emphasizing that a Presiding Officer is restricted to merely exercising the right to vote and is prohibited from engaging in other activities.
“Violating this prohibition, as detailed in sub-Section (2) of Section 129 of the 1951 Act, is punishable under sub-Section (3). It is argued, based on this provision, that the petitioner’s participation in an election rally makes him liable for departmental proceedings and suspension pending inquiry.”
– submitted the counsel for the ECI.
Despite these allegations, the court found no substantial evidence to suggest that Sharma actively campaigned for any political party. It was noted that his attendance at the political meeting was as a devotee of the temple, whose followers were invited.
The court observed-
“Nevertheless, whether the petitioner committed such misconduct must be determined in the ensuing inquiry. Prima facie, the suspension order is based on a charge that may not necessarily result in a major penalty. Thus, the direction to suspend the petitioner pending inquiry is prima facie flawed.”
As a result, the suspension order against Sharma was stayed. The court ruled that he shall be allowed to continue his duties as the officiating Principal of the institution and his salary would be disbursed regularly until further orders are issued.
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Legal representations in the case were robust, with Advocate Ritesh Upadhyay advocating for Sharma, while Advocate Kaushlesh Pratap Singh represented the State Election Commission.
Senior Advocate Rakesh Pandey, along with Advocate Ashutosh Kumar Mishra, took up the mantle for the Election Commission of India. Meanwhile, Advocate S.C. Upadhyay and Advocate Gautam Baghel represented the State and another respondent, respectively.
CASE TITLE:
Sunil Dutt Sharma vs State of UP And 3 Others.
