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Sonal Desai (Professor)     16 April 2014

Election duty

I have applied for BJP membership and has become member of the party. I am working in a self finance institute and assigned polling duty. What is the procedure to get the same cancelled?



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 9 Replies

Sudhir Kumar, Advocate (Advocate)     16 April 2014

Are you employed in Govt/semi Govt boldy?

do your serice law permit membership of any party?

Sonal Desai (Professor)     16 April 2014

Ours is a self finance institute. Which is neither government not semi government and officially I can be a member of party. One of our trustee is also from political party so in this case am i eligible for cancellation of duty?

Sudhir Kumar, Advocate (Advocate)     16 April 2014

the moment you inform that you are party member, you will not be continued on election duty. 

 

It is subsequent matter if you remain in job or not that depends upon service rules applicable to your body.

Sonal Desai (Professor)     16 April 2014

Today When I met Election officer, He replied that "Though being political party member, you have to perform the duty without any reservation for your party". May I have some supporting document (mentioning that political party member can not be assigned election duty) based on which I may put forward an application.

Sudhir Kumar, Advocate (Advocate)     16 April 2014

You have not specified the level of which officer you spoke.

 

You probably said verbally and he said verbally.and he replied verbally.

 

His approach is correct.  If every person on polling duty come sand tells that he is party worker (though forbidden for Govt servant to be party member) they cannot cancel duty.  Perhaps none will beleive that a person on election duty [who are generally Govt/semi/Govt employees] may really be party mamber and making such confession openly.

 

You may better given in writing to DEO, with prooof of you being party member.

Sudhir Kumar, Advocate (Advocate)     16 April 2014

N.B. risk be yours. You have so far not eleborate which conduct rules are being followed by your institution and whether institution is govt/semi-govt body.


It is not clear whether employer can retain you in service with proof of being a party member.

 

trustee is not employee of the institute and not bound by conduct rules by professor is bound by such rules.

Sudhir Kumar, Advocate (Advocate)     16 April 2014

further

 

cancellation of polling duty is anytimes more costlier (in terms of time.money and labour) than doing it.

Sonal Desai (Professor)     16 April 2014

thanks for your inputs.

Kumar Doab (FIN)     16 April 2014

Mr. Sudhir Kumar has given valuable advise.Kindly follow it.

The Bombay high court (HC), in a recent order, has stayed the summoning of staff of private, unaided schools for election duty.


You may find another thread on similar query as relevant.
 
 
 

https://www.lawyersclubindia.com/forum/Election-duty-for-private-college-staff-100136.asp#.U06K80eBmXV


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