Election duty to teachers working in permanently unaided school.
I am working in a school run by a trust formed under Bombay Public Trust Act 1950 having registration no. E-****. School is approved by State Education Department and State SSC Board. School is formed under permanently unaided basis under the condition that it will never demand any grand or financial aid from the Government; hence it is not directly or indirectly financed by the Government. Employees of such schools are not Govt or semi Govt employees. Nearly all such Schools including ours are not giving payment as per Govt norms, paying less than the norms.
Employees in this and such schools are given duties as Presiding Officer, First/Other Polling Officer, Peon. THE REPRESENTATION OF THE PEOPLE ACT, 1951 Sec 159 says ...
Staff of certain authorities to be made available for election work.—
(2)The following shall be the authorities for the purposes of sub-section (1), namely:—
(i) every local authority;
(ii) every university established or incorporated by or under a Central, Provincial or State Act;
(iii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government.]
In such condition Can Dist Election Officer assign election duties as Presiding Officer, First/Other Polling Officer, Peon to the employees of such permanently unaided school? If given duty is not attended ... Can the action under The Representative of People Act 1951- Sec 134 and/or IPC 188 or any other provision is possible?