Facts of the Case

The writ petitions were filed by the Government School Teachers Association and Loktantrik Adhyapak Manch, a panel contesting the GSTA elections, challenging the order dated 01.12.2025 passed by the Returning Officer whereby the entire election process of the GSTA was rescinded ab initio, barely days before the scheduled polling date of 10.12.2025. The GSTA is a recognized association of government school teachers, registered in 1984, whose elections had not been held since 2014. Earlier writ petitions were disposed of by the Delhi High Court on 10.05.2024 directing that elections be concluded by October 2024 after finalization of the membership list in a General Body Meeting. Pursuant thereto, a GBM was held on 04.10.2024 through virtual mode, and a resolution was passed whereby heads of schools finalized membership and collected fees, following which the Returning Officer issued the Election Notification dated 15.09.2025. After postponement of polling to 10.12.2025, and when the election process had reached an advanced stage, the Returning Officer rescinded the entire process by the impugned order dated 01.12.2025.

Issues Involved

Whether the Returning Officer was justified in rescinding the GSTA election process at an advanced stage, whether involvement of school heads in finalizing membership violated the Constitution of the GSTA and earlier court directions, and whether elections should proceed with corrective safeguards rather than being annulled.

Petitioner’s Arguments

The petitioners contended that the rescission order was passed unilaterally, without jurisdiction, and at a highly advanced stage of the electoral process, defeating the vested rights of thousands of teachers. It was argued that the order amounted to a colourable exercise of administrative power and violated Articles 14, 19(1)(c), and 21 of the Constitution. The petitioners emphasized that nearly 46,000 out of 49,000 teachers had become members, the candidate list was finalized, and only polling remained, making rescission arbitrary and disproportionate.

Respondent’s Arguments

The respondents argued that the involvement of school heads, who are government officers, in finalizing membership and collecting fees was impermissible and contrary to the Constitution of the GSTA and the earlier order of the High Court. It was submitted that complaints had been received alleging coercion of teachers into membership and that the Returning Officer was justified in rescinding the election process to remedy these irregularities.

Court Order / Findings

The Delhi High Court noted that the Constitution of the GSTA clearly vests matters of membership and subscription exclusively with the Association and does not envisage involvement of school heads. However, the Court also took note of the peculiar facts that the membership list had already been finalized, the Election Notification had been issued on that basis, and the Court had earlier directed that elections be concluded within a stipulated timeframe. The Court held that rescinding the elections at such an advanced stage was not appropriate. Balancing equities, the Court permitted the elections to proceed on the basis of the existing membership list, while issuing safeguards to ensure voluntariness of membership and to address grievances of teachers allegedly compelled to become members.

Important Clarification

The Court clarified that membership of the GSTA is voluntary and no teacher can be compelled to become a member or to provide reasons for non-membership. Teachers wishing to withdraw membership were permitted to approach the Deputy Directors of their respective zones, and the Returning Officer was directed to update the membership list accordingly and ensure refund of membership fees. The Court cautioned that school heads should not be involved in such processes in the future.

Final Outcome

The impugned order dated 01.12.2025 rescinding the GSTA elections was set aside. The Returning Officer was directed to update the membership list after excluding teachers who voluntarily withdraw and to refund their membership fees. Elections to the GSTA were directed to be conducted on the basis of the finalized list and completed on or before 31.01.2026, with all parties directed to cooperate to ensure smooth and fair conduct of the elections.

Source Link- https://delhihighcourt.nic.in/app/showFileJudgment/59205122025CW184752025_154228.pdf

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