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tamal (assistant)     29 June 2013

Can article 25 and 26 help to exempt from election duty?

i have been notified 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?


 6 Replies

Sudhir Kumar, Advocate (Advocate)     30 June 2013

already replied at

Sudhir Kumar, Advocate (Advocate)     30 June 2013

Fundamental rights can be curtailed as per procedure established by law.

N.K.Assumi (Advocate)     30 June 2013

That Privelege granted under  Article 25 and 26 of the Constitution is not to defeat any legal duty, but you can approach your District Election Officer to exepmpt you from the election duty by presenting your problems.




Article 25 and 26 of COI has nothing to do with your case.


Art. 25 is about Freedom of conscience and free profession, practice and propagation of religion.



Art. 26 is about Freedom to manage religious affairs.


Art. 25 talks about Freedom of Individual choice to follow or profess any religion whereas Art. 26 talks about Freedom to establish religious institution.


Your case clearly doesn't fall within the ambit of both of these articles.


The solution to your problem,as already suggested by Ld. Member Assumi,is to seek exemption by giving application to District Election Officer.



Further...{Only if a genuine need arises thereof}


Note-This reply should be taken as per the declartion given in my profile page.




Sudhir Kumar, Advocate (Advocate)     01 July 2013

If DEO exempts you from duty then you can go for pilgrimage.  He cannot be compelleted.

venkatesh Rao (Retired Government Servant)     06 July 2013

Try to convince election officer.  It is the only remedy.

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