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Discussion > Constitutional Law > Exemption from Election Duty   Unanswered Threads Post New Topic

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There are 40 Replies to this message


Abdul Basit


Block Officer
[ Scorecard : 97]
Posted On 17 April 2011 at 22:40 Report Abuse

Hello experts,

On 3rd April at 7.00pm, while he was at home, my friend,  Veterinary Officer received a telephonic instruction from his District Veterinary Officer, to collect order for Election duty as Presiding Officer from his office on 4th April at 10.00am, for conducting Panchayat Election on 5th April. The Veterinary Officer did not attend on the pretext that Veterinarians stand exempted from election duty by the Election Commission of India, and also that orders were given at such a short  notice for an act for which dates were fixed 03 weeks earlier, and no training was arranged for the Presiding Officers. Three days later the officer was placed under suspension the District Panchayat Election Officer (DDC). Ironically, the Veterinary Officer's subordinate, a paravet, too, was appointed as a Presiding Officer at another place and a lecturer from Edu. Deptt. was made a Polling Officer under him. Moreover, in this election jonior abd non gazetted officers were made Assistant Returning Officers to whom the Presiding Officers had to report.Will any one of you, please, comment on the issue and guide how the Veterinary Officer should proceed to defend his suspension annd other disciplinary action.

                                                                                        Matter is very very URGENT  



Sudhir Kumar


Dy Director
[ Scorecard : 31176]
Posted On 26 November 2011 at 22:00 Report Abuse

The doctor is sqautely on the wrong side.  he should beg for mercy.  All the arguments given in your blog are just of no help to him. Or else he whould cite an order declaring vets to to exampt form electin duty, failing this he has no defence.  The orders were conveyed telephonically to him by an authority who himself was a vet doctor. He refused on his own. He expressed no personal or medical problem and did not seek personal exemption. Let him tell that whch category of Govt officials does not participate in election. The authorities are still mercyful for not ordering his arrest. Refusal from election duty is criminal offence as well.  he should avoid provoking the authorities for same. The punishment in this case I believe will not be decided by the department rather by the electoral authorities.


SOBERDAADA


teacher
[ Scorecard : 30]
Posted On 13 January 2012 at 10:44 Report Abuse

I am completing 60 years and a patient of diabetes etc .I am alotted election duty .This will make me verymuch troblesome to manage my medical problems staying overnight in this cold and places having not even toilet facilities . Pl tell me how can I avoid this problem?URGENT reply appreciated


Sudhir Kumar


Dy Director
[ Scorecard : 31176]
Posted On 13 January 2012 at 17:31 Report Abuse

election duty is strict but not inhuman. Your deptt can nominate somone else. Electoral authorities can put you on the reserve list. They may even exempt (chances are rare) you may get admitted in Govt hospital.


Mike


Tech Off
[ Scorecard : 22]
Posted On 02 February 2012 at 14:33 Report Abuse

In Note 464/Inst/2008/EPS dated 19th Sept, 2008, under item v) the Election Commission of India has stated that,

"Unless otherwise advised, the polling parties shall be formed out of the State Govt. employees.  The Central Govt. employees including PSUs and Banks, etc shall be utilized for selecting suitable persons as Micro Observers."

My question is that if someone belongs to an autonomous body under a Central Ministry, can they without specific advise from the ECI to the Chief Electoral Officer/ District Electoral Officer, be made part of a polling party? If he has been issued an appointment order, is he within his rights to refuse the appointment or to seek alternate  posting as micro-observer etc based on the above note from the ECI.

Thanks in advance for any clarifications


Sudhir Kumar


Dy Director
[ Scorecard : 31176]
Posted On 02 February 2012 at 19:23 Report Abuse

My advise will be not to take strings with electoral authroities. Your department has very little say to decide as to what punishment should be givne for refusal of election duty. Refusing election duty is also a criminal offence. Once convicted you may keep on appealing but dismissal from service will follow the conviction. Go ahead if you want to make the advocates richer.


DR. SUSAN KUMAR SARKAR


vo
[ Scorecard : 22]
Posted On 04 June 2013 at 00:47 Report Abuse

if a primary teacher is selected as a polling agent of a recognised political party, can he be exempted from election duty?


tamal


assistant
[ Scorecard : 26]
Posted On 29 June 2013 at 22:38 Report Abuse

i have been advised to take part in the forthcoming panchayet election duty. it was scheduled to be held on 2nd july. though i have been transfered to a different office i didn't appeal to exempt my election duty. i have attended the training programwith the intention of fulfilling my obligation. now the election date has been postponed and rescheduled on 19 th of july, and here the problem has arised

the new date of election duty has fallen in the midst of my proposed pilgrimage to amarnath yatra. the train reservations and hotel bookings has been made at least three moths ago, and been finalised well before to the announcement of election dates as well as arrival of notice.

now, what to do now? will i be protected under article 25 and 26 of the Indian Constition, hich ensures no hindrance will come to place in case of religious activity? why should i along with my family suffer such a significant financial loss as well?

whom should i appeal to?


Sudhir Kumar


Dy Director
[ Scorecard : 31176]
Posted On 30 June 2013 at 01:06 Report Abuse

Fundamental rights can be curtailed as per procedure established by law. While on election duty you cannot lave station till duty is over.


K C Saxena


Professor
[ Scorecard : 22]
Posted On 01 October 2013 at 20:23 Report Abuse

In conduct of election rules or at any other place Max age for election duty is given. If given pl give the reference.



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