Allahabad High Court stays suspension of College Principal who attended NDA election meet despite being polling officer

The Allahabad High Court recently stayed the suspension of a college principal who had attended a political rally despite being a polling officer during the ongoing Lok Sabha elections [Sunil Dutt Sharma vs State of UP And 3 Others]..Justice JJ Munir prima facie found that Sunil Dutt Sharma, who is a principal at an aided inter college, on an invitation from a temple where he is a devotee, attended a meeting of the “NDA Party” but with no active participation.“No act of campaigning was prima facie done, particularly, in the discharge of his duties as the Presiding Officer, an act to which the provisions of Section 129 of the Act of 1951 are prima facie attracted. Even if they are, it is a matter for a criminal prosecution and not disciplinary proceedings for misconduct,” the Court said. .Sharma had been suspended by the management of Lala Bapu Baijal Memorial Inter College, Lodhipur, Hapur on the directions of the District Election Officer after he was found to have attended the political meeting on March 31 which was a Sunday. His counsel contended before the Court that there was no basis for placing him under the suspension as he was not a government servant. The fact that the college where he is a principal receives aid from the State government does not make him a government servant to invite action under service conduct rules of State, it was argued.A government order allowing teachers of aided private educational institutions to participate in the election process was also relied upon before the Court..However, the electoral authorities contended that Sharma as a Polling Officer is deemed to be on deputation with the Election Commision of India (ECI) till declaration of results.It was also submitted that Section 129 of the Representation of the People Act prohibits a Presiding Officer from doing any act other than exercising his right to vote.“The violation of this prohibition, details of which are mentioned in sub-Section (2) of Section 129 of the Act of 1951, are made punishable by sub-Section (3). On the foot of this provision, it is argued that the act of the petitioner, in participating in an election rally, renders him liable to be proceeded with in departmental proceedings and also placed under suspension, pending inquiry,” the ECI counsel submitted..Considering the submissions and record, the Court prima facie concluded that there was no material to show that Sharma had campaigned for the political party.The Court further noted that he had attended a political meeting as a devotee of the temple whose devotees were invited to the meeting.“Be that as it may, the question, if the petitioner did commit some misconduct of that kind, has to be gone into in the inquiry that may ensue. Prima facie, the order of suspension is one based on a charge that may not necessarily lead to the imposition of a major penalty and, therefore, the direction to place the petitioner under suspension pending inquiry is prima facie vitiated,” the Court observed..Thus, the Court stayed the suspension order and said Sharma shall be permitted to discharge his duties as the officiating Principal of the Institution known as Lala Babu Memorial Inter College, Lodhipur, Hapur and paid salary regularly, also until further orders.Advocate Ritesh Upadhyay represented the petitioner.Advocate Kaushlesh Pratap Singh represented the State Election Commission.Senior Advocate Rakesh Pandey and Advocate Ashustosh Kimar Mishra represented the Election Commission of India. Advocate SC Upadhyay represented the State. Advocate Gautam Baghel also represented a respondent. .[Read Order]