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AYUSH RASTOGI   11 September 2024

Election duty

I have resigned as a bank employee on 4th September 2024 due to health issues. Resignation got accepted and I got Relieving letter as well. Today on 11 th September I got election duty order which says election training on 20th september.election date 5th October. As I am no longer government employee Am I bound to go to go election duty training or I can skip it . Any legal advises??



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 3 Replies

Real Soul.... (LEGAL)     11 September 2024

you should inform the commission that you no longer are employee in the orgnization,they can replace your duties.

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

On the basis of getting relieved from your employment you can issue a request letter to the election commission to cancel the election duty allotted to you as you are no more an employee of the bank hence it will not be legally proper to handle the duties and it may even be objected as an illegal act by the contestants.

Isha Shekhar   18 September 2024

In your case, because you resigned out of your function as a financial institution employee on 4th September 2024 and acquired your relieving letter, you're now not taken into consideration a government worker. The felony framework for election obligations is printed within the representation of the people Act, 1951. Under section159, the Election commission has the authority to requisition employees from authorities institutions, including public sector banks, for election-related duties. but, this provision applies handiest to folks who are actively hired at the time of the requisition.

As you have got already resigned and are no longer hired as of the date of the election duty order (11th September 2024), you are not bound by the legal provisions requiring authorities personnel to serve in election duties. This has been bolstered with the aid of various judicial selections, including in K. Veeramani vs chief Election Commissioner, where it changed into clarified that personnel who have resigned or retired are not legally obligated to perform election duties after their cessation of employment.

 In end, you are not legally required to wait the election obligation education or fulfill any responsibilities, as you are no longer a central authority employee under the law.


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