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 9 month
who having breast feeding.
request you reply on "sudhirpawar@hotmail.com"
regard
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
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.
Sudhir Kumar, Advocate
(Expert) 05 October 2013
repeated http://www.lawyersclubindia.com/experts/Election-duty--427071.asp#.Uk92XVPQyVE
Raj Kumar Makkad
(Expert) 05 October 2013
Attending the query and then referring the same as repeated is a strange situation.
Raj Kumar Makkad
(Expert) 05 October 2013
A teacher cannot be deployed for election duty as held by various high courts so get benefit of such judgments.
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.
