Election duty
sudhir
(Querist) 04 October 2013
This query is : Resolved
Dear Sir,
Are Non Grantable Teachers are applicable for election Duty ??????
Can we approach to election duty officer
as we are non grantable Staff hence election duty is not applicable for us even
if we are working in Grantable college.
Second thing I have a small baby of 7 month
who having breast feeding.
QUERY ASKED ON BEHALF OF MY WIFE
request you reply on "sudhirpawar@hotmail.com"
regard
Sudhir
Advocate M.Bhadra
(Expert) 04 October 2013
Write a letter to the District Election Officer to escape from duty,failing which you can file a Writ Petition in High Court.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
For being on election duty one need even being a Govt employee.
refusal is criminal offense punishable with imprisonment upto 2 years.
your query is vague as you have not even specified whose employee you are.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
Further I am constrained to disagree with Mr Bhadra.
The election duty can be exempted only if the electoral authorities are lenient and the department is ready to provide replacement. So for this purpose one has to make personal request with written application.
As such your ground of small child does not at all appear to be compelling enough to avoid election duty.
You have not elaborated what do you mean by "Non Grantable Teachers" So I am unable to agree to feasibility of filing writ petition.
Advocate M.Bhadra
(Expert) 05 October 2013
December 06, 2007 13:52 IST from Rediff news:--
The Supreme Court on Thursday upheld the Delhi high court judgement asserting that school teachers cannot be deployed for election duty during working days.
A bench, comprising justices S B Sinha and H S Bedi, put its seal of approval on the Delhi high court ruling and dismissed the appeal of the Election Commission against the high court judgement.
St Mary's school and others had challenged in the Delhi high court the orders of the Election Commission deploying teachers for election duty on the grounds that it was hampering the academic interest of the students.
The school had also contended that deploying school teachers for election duty on working days left the school without teachers, affecting the students, which cannot be permitted.
The Election Commission had challenged the high court judgement that elections cannot be managed without the services of school teachers and that the studies of the children do not suffer as school and government offices are usually closed on the day of polling.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
repeated http://www.lawyersclubindia.com/experts/Election-duty-427061.asp
Sudhir Kumar, Advocate
(Expert) 05 October 2013
but school teachers of Delhi are still deployed on election duty in hoards.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
the querist can down load the judgement as referred by Mr Bhadra and meet his advocate on feasibility of filing writ petition.
Good Luck.
Raj Kumar Makkad
(Expert) 05 October 2013
If the query was repeated then it should not have been attended.
Anyway, teachers cannot be deployed on election duty on working days as it certainly affect the teaching work so your wife should make a representation to the Presiding Officer of that constituency failing which to file a writ petition.
Guest
(Expert) 05 October 2013
Dear querist, Mr. Sudhir,
I wonder whether you are a lady teacher or a gent teacher, as your name is "Sudhir", but you have given a reason of having "a small baby of 7 month, who having breast feeding"? Only lady teacher can put forth such a plea.
If you are a gent, no election officer is going to entertain your plea of a 7 month old breast fed baby.
Your other plea, "non Grantable Teacher," would also not be entertained by the election office, unless the court judgment referred to by Shri Bhadra is adopted for all educational institutes in general by the election office. But,if that is taken to have effect only to the staff of the parties to the case, i.e., "St Mary's school and others," you will have to seek individual stay order based on the aforesaid judgment to get exemption from the election duty.
P. Venu
(Expert) 05 October 2013
Representation of Peoples Act empowers the Election Commission to require the local authorities to make available the staff for the conduct of elections.
The queriest (rather, his wife)does not receive salary from public funds and hence cannot be said to be a staff of the local authority.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
I shall be highly enlightened if Mr Venu could elaborate any provision which stipulates that only Govt servants can be deputed on election duty
Rajendra K Goyal
(Expert) 05 October 2013
May specifically request the District Election Officer for exemption from duty. It is discretion of the officer.
Raj Kumar Makkad
(Expert) 06 October 2013
The SC in the case of the Election Commission of India (ECI) vs St Mary's School, Delhi, held that teaching staff shall be put on roll revision and election duty only during holidays and non-teaching days. It held that teachers should not ordinarily be put on duty on teaching days and during teaching hours.
Sudhir Kumar, Advocate
(Expert) 06 October 2013
but actually teachers are going as presinding officers, polling officers, sector officers.
Sudhir Kumar, Advocate
(Expert) 06 October 2013
Supreme Court order dated 6.12.2007
Election Commission Of India vs St. Mary'S School And Others on 6 December, 2007
operative portion may be read:-
27. The provisions of the 1950 and 1951 Acts although were enacted in terms of Article 324 of the Constitution of India, the same must be given restricted meaning. Holding of an election is no doubt of paramount importance. But for the said purpose the education of the children cannot be neglected. Therefore, it is necessary to maintain the balance between the two.
28. With an advent of technology requisitioning of a large number of people for carrying out the election may not be necessary. We may notice that the Election Commission has different roles to play. Preparation of an electoral rolls, revision of electoral rolls, when objections are filed, hearing the parties and determining the objections, enumeration of the voter list and to hold elections as and when due. The Election Commission and its officers, in our opinion, can formulate an effective scheme to see that the services of a large number of teachers are not required. The State admittedly is not in a position to perform its sovereign function of imparting education. Such functions necessarily are required to be performed by the private actors. Those students who are in a position to get admission in the public schools presumably would also be in a position to appoint tutors whereas those students who are admitted to the Government schools ordinarily would be from the middle or lower middle class or poor families. The state of primary education in India is in deplorable condition. There admittedly is a heavy drop outs from the schools particular from amongst the girl schools. The question if right to exercise franchise whereupon the emphasis is laid by Mr. Venugopal is an important one, right to education is also no less important being a fundamental right.
29. The Human Rights Conventions have imposed a duty on the Contracting States to set up institutions of higher education which would lead to the conclusion that the citizens thereof should be afforded and an effective right of access to them. In a democratic society, a right to education is indispensable in the interpretation of right to development as a human right. [See Leyla Sahin v. Turkey, decided by the European Court of Human Rights on 10th November, 2005]. Thus, right to development is also considered to be a basic human right.
30. It is probably with that end in view the counsel appearing for the Election Commission had also joined the other counsel appearing for the respondents, to suggest the court that the services of the teachers may not be requisitioned on the days on which the schools are open. Submission of Mr. Venugopal that such a contention had not been made by the learned counsel appearing on behalf of the Election Commission cannot be accepted.
31. We have, however, considered the matter at some details as the question in regard to the application of the constitutional right and in particular fundamental right cannot be thwarted only by reason of a concession made by a counsel.
32. We would, however, notice that the Election Commission before us also categorically stated that as far as possible teachers would be put on electoral roll revision works on holidays, non-teaching days and non- teaching hours; whereas non-teaching staff be put on duty any time. We, therefore, direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non-teaching days. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non-teaching staff, however, may be put on such duties on any day or at any time, if permissible in law.
33. Subject to the aforementioned modifications, this appeal is dismissed. However, in the facts and circumstances of this case, there shall be no order as to costs.
Sudhir Kumar, Advocate
(Expert) 05 April 2014
even in current parliamentary elections teachers are being deployed on election duty.
