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?
Sonal Desai (Professor) 16 April 2014
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?
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
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.
https://www.lawyersclubindia.com/forum/Election-duty-for-private-college-staff-100136.asp#.U06K80eBmXV