Exemption from Election Duty

@ Rashmi

You can check website of election commission if there is any order exempting single women from duty.

@ Dr Athea

Pre-planned holiday is per-se no ground for exemption from election duty.  You can try meeting electoral authroities or your department may sponsor another person.

@ Rajiv

You have to apply to the Distt Electoral Officer, meet him personally with papers.

It was cruel for your department to forward your name.

Dear friend,

The section 134 of the Representation of People Act under which the election commission appoints officials for duty says:

134. Breaches of official duty in connection with election.—(1) If any person to whom this section
applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be
punishable with fine which may extend to five hundred rupees.
3
[(1A) An offence punishable under sub-section (1) shall be cognizable.]
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any
such act or omission as aforesaid.
(3) The persons to whom this section applies are the 4*** 5[district election officers, returning officers],
assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty
in connection with* * * the receipt of nominations or withdrawal of candidatures, or the recording or counting of
votes at an election; and the expression "official duty" shall for the purposes of this section be construed
accordingly, but shall not include duties imposed otherwise than by or under this Act ***.

It is therefore clear that the Election commission has no right to punish an employee other than fining him. Dismissal and all these cannot be effected by the election commission as per this rule. What Mr. Sudhir Kumar says cannot be correct according to this section; other wise, he should clarify the rule which authorises election commission to any other action other than this fine.

Election authorities usually create panic saying that the officials would be arrested if they do not attend the duty. They do not have any such power, as this is not a criminal offence. People fearfully accept the orders without understanding the rules.

From Representation of People Act 1951:

[159. Staff of certain authorities to be made available for election work.—(1) The authorities specified in sub-
section (2) shall, when so requested by a Regional Commissioner appointed under clause (4) of article 324 or the Chief
Electoral Officer of the State, make available to any returning officer such staff as may be necessary for the performance of
any duties in connection with an election.
(2) The following shall be the authorities for the purpose of sub-section (1), namely:—
(i) every local authority;
(ii) every university established or incorporated by or under a Central, Provincial or State Act;
(iii) a Government company as defined in section 617 of the Companies Act, 1956 ( 1 of 1956);
(iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or
State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by
the Central Government or a State Government.]
 

=========================

Clearly, no purely private institute is supposed to obey the instructions of election commission for deputing their staff for the elections as per section 159.

me and my wife are in job i m a teacher  and my  wife  is a bank clerk if there a way  to get exemption from election duty  to any  one (i give priority to my wife)  if both husband  wife  are appointed for election duty.

Sir, I am working in BSNL Raigad.  Dy Collector drawn a order for election duty with my personal named.  and such order has been sent by hand with Tahasildar to our office.  I refused such order and request to give this order to my Superior (my boss).   My Officer will relieve me for election duty.  But Tahsildar forced to take order but I refused.

So let me know that  order should be from my Officer or Dy Collector?

i am ready to work but that order should be from my Officer(BSNL) and relieve from my Office (BSNL) isn"t it.

Dinesh

@ Dinesh Mistry

your plea is wrong. 

Section 134. Breaches of official duty in connection with elections

(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine, which may extend to five hundred rupees.

¹[(IA) An offence punishable under sub-section (1) shall be cognizable.]

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the ²[***] ³[district election officers, returning officers], assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with ⁴[***] the receipt of nominations of with drawl of candidatures, or the recording or counting of votes at an election- and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act ²[***].

such fine amounts to conviction attracting provisionof rule 19 of CCS(CC&A) Rules.

@ Dinesh Mistry

Section 28 A. Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission

¹[Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission. The returning officer, assistant returning officer, presiding officer, polling officer and an other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.]

 So when you are on deputation the borrowing authroity can initiate disciplinary action

Further your name may have been sponsored by your department and your boss has no jurisdiction to withhold you.

DEOs are generally registering FIR against those who do not report for election duty.

@ Neeraj Garg

There is no such provision that only one of spouce is taken on duty.

Hello Sir, I have been appointed as 3rd polling officer for this lokshabha election (2014). I suppose to reach the DCRC tomorrow morning. But, from today evening I'm feeling unwell and started to develop fever. I have a strong tendency of tonsilitis, If tomorrow morning I feel really unwell, can I skip teh duty and contact local hospital ? would there be any problem due to that ?

My wife is working in semi-government school as primary teacher. She is doing election duty of maintaining voter list by adding, deleting name in the list from last 4 years. This include the verifying the voter from the list, going to each home to collect photo, give them notice to remove the name etc…

The school in which she is working having 20+ regular staff. But the school authority forcing her to do continue election duty as they she is junior in comparison of other staff.

Election office is telling give me replacement teacher name to relive you from duty. School is not providing the same.

In this way they are forcing us to do election duty, which we are doing having with our 2 small kids. But now our patience is over as they are asking us to continue the election duty.

Is there any rule where after doing 4 years election duty, we can say we cannot do election duty and ask election officer to force School to ask replacement teacher?

Please guide us how to come out of this situation.

Originally posted by : Mazher D Khan
	My wife is working in semi-government school as primary teacher. She is doing election duty of maintaining voter list by adding, deleting name in the list from last 4 years. This include the verifying the voter from the list, going to each home to collect photo, give them notice to remove the name etc… The school in which she is working having 20+ regular staff. But the school authority forcing her to do continue election duty as they she is junior in comparison of other staff. Election office is telling give me replacement teacher name to relive you from duty. School is not providing the same. In this way they are forcing us to do election duty, which we are doing having with our 2 small kids. But now our patience is over as they are asking us to continue the election duty. Is there any rule where after doing 4 years election duty, we can say we cannot do election duty and ask election officer to force School to ask replacement teacher? Please guide us how to come out of this situation.

YOU CAN MEET HIGHER AUTHOITIES IN THE DEPTT AND ALSO IN ELECTION OFFICE

I am a woman employ . My husband is also in Govt. department . Can i exempted from election duty if both of them have duty in election.