cpc

election duty for private college staff


A professor of private collage under govt unversity ( which is totaly private unaided ) can be appointed in election duty?, Can he refuse the order? if yes, then in which rule he can refused the order ? pls help me i am appointed for the same but because of my exams i am unable to accept the said duty.
 

 
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FIN

IN such matters one should not take any chance and should not leave anything to speculations.

It shall be certainly appropriate to discus with your lawyer too.

 

You imply to mention that………………………………you are not amongst employees of the Central and State Governments and the employees of the local authorities covered within the scope and ambit of Article 324(6) of the Constitution and Section 159 of the Representation of the People Act, 1951 …………………………….and that  you are amongst the exempted category.

You have a compelling reason too.

 

Still it is suggested that you may explain in writing under proper acknowledgment for ‘an exemption from the authority that has nominated you and also from  Election authority……………………….applicable as in your case’……………..and obtain it in writing, well in time.

 

You may find the publication as relevant and useful e.g;

 

>>> http://eci.nic.in/archive/instruction/compendium/drafting_premises/dr_pr_22.htm

 

Election Commission' letter No. 576/3/95-J.S.-II Dated: 17th July, 1996 addressed to Chief Electoral Officers of all States and Union Territories.

3. It has been observed by the Commission during the last general elections to the House of the People and certain State Legislative Assemblies, that despite the above categorical pronouncement of the Hon'ble Supreme Court on the subject, many District Election Officers/Returning Officers have deployed employees belonging to public sector undertakings under the Central or State Governments or employees of other statutory bodies, like, Universities, teaching and non-teaching staff of government aided colleges and schools run by registered Societies, etc., on the above mentioned election duties. In many cases, such person either individually or through their associations/unions approached the Hon'ble Supreme Court and various High Courts and the Commission had a difficult time in explaining to the Hon'ble courts the lapse on the part of the election authorities in making such deployment on election duties. Apart from the embarrassment which the Commission and the election authorities had to face before the Hon'ble Courts, that often resulted in last minute problems as the election authorities had to make alternative arrangements in place of the petitioners who were exempted by the Hon'ble Courts from performing those duties. In addition, that also resulted in a lot of unnecessary and avoidable expenditure on the engagement of the Counsel, etc. to defend those cases.

 

4……………………….Any deviation therefrom will be seriously viewed by the Commission.

 

 

 

>>> http://www.dnaindia.com/mumbai/report-no-poll-duty-for-unaided-schools-staff-1294865

No poll duty for unaided schools’ staff

Sunday, 4 October 2009 

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

High Court – Private teachers not to be forced to work on census duty

admin

5 June, 2010

Teacher's Corner

 

>>> http://onlineteachers.co.in/archives/high-court-%E2%80%93-private-teachers-not-to-be-forced-to-work-on-census-duty/

High Court – Private teachers not to be forced to work on census duty

 

>>> Supreme Court of India

Election Commission Of India vs St. Mary'S School And Others on 6 December, 2007

 

 http://indiankanoon.org/doc/1382544/?type=print

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.

 

 

 

 

 



Attached File : 360381481 election duty.docx downloaded 203 times
 
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Dy Director

you have been appointing on which post in election heirarchy.

 
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thank you all of you for helping me
 
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FIN

You could have replied to Mr. Sudhir Kumar and availed his valuable opinion and insight into the matter.

This would have enriched the forum and helped many of the visitors and members.

 
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