Cops book Pune teacher for ignoring SIR duties, Bombay High Court steps in
Quashing the FIR, the Bombay High Court said election authorities should not have assigned BLO duties to the Pune school headmaster, Vipin Arun Nikam, during teaching hours.
The Bombay HC has quashed an FIR against a headmaster, saying he shouldn't have been assigned SIR duties during school hours (AI-generated image for representation)
The Bombay High Court recently granted relief to the headmaster of a Zilla Parishad school in Pune district who was booked by the police for failing to carry out the Booth Level Officer (BLO) duties in the ongoing SIR exercise. Quashing the FIR against him, the High Court asserted that election authorities should not have assigned election duties to the headmaster during school hours.
The headmaster, Vipin Arun Nikam, was booked by the police for failing to perform BLO duties and obstructing the implementation of the Election Commission’s direction.
Justice Ashwin D Bhobe on July 29 was hearing a plea by Vipin Arun Nikam, seeking quashing of the FIR, arguing that he was required to discharge BLO duties on teaching days, which he was not liable to comply with. He also argued that the instructions issued by the Assistant Electoral Registration Officer (AERO) from the Bhor Constituency were contrary to the law.
Nikam, represented by advocate Dhanraj Lodha, said he wrote to the AERO on July 1, citing difficulties he had been facing in performing BLO duties as he also had responsibilities as a headmaster. However, the police registered an FIR against him, which the headmaster called an “abuse of process of law”.
Additional Public Prosecutor V B Konde-Deshmukh informed the court that Pune (Rural) Police had on July 18 sought permission from the local magistrate to treat the FIR against Nikam as a non-cognisable report.
“The respondent AERO ought not to have assigned the Applicant to duties of roll revisions and election work during school hours on teaching days. Even otherwise, the Respondent has not placed any material on record to justify any circumstances that required the Applicant to be on election duty during school hours on teaching days,” Justice Bhobe observed.
Citing past Supreme Court and High Court verdicts, Justice Bhobe observed that, in the present case, the offence under Section 32 (breach of official duty related to the preparation of electoral rolls) of the Representation of the People Act (RPA) was not made out in the “unsustainable” FIR against the applicant and that the same was required to be quashed and set aside.
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Earlier, the EC, while responding to a batch of pleas by some Mumbai schools over notices issued against its teachers, had stated that the private, unaided schools concerned and their teachers need not, for the present, apprehend any coercive action.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
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Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
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Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
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