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Not attending duty as Presiding officer in UP Assembly election
My marriage has been scheduled for [deleted]. I have been working in Central Public Sector Unit(NTPC Ltd) in UP. I have been assigned duty of Presiding Officer in UP Assembly polls on [deleted]. Due to my personal obligations I can't attend election duty. I have given my application for Duty Relieving to DM Office but no reply has been received from there side yet. They have informed me that if I receive no information by [deleted] regarding election duty, then I can consider my duty as cancelled. But if they don't cancel my duty by then I will be having no other option to cancel my duty. I have sent two number of applications(One at Collectorate & other at DM Bungalow) via registered post, so that I have a proof as Third application that I have given to a officer designated by DM to consider cases for duty cancellation hasn't given me any Acknowledgement of my application. My father is suffering from Parkinsonism and complete responsibility of my marriage organisation rests upon my shoulders. I booked my Honeymoon tickets a long ago(on [deleted]), which has been scheduled from [deleted] to [deleted] in Kerala. If I attend election duty I will have to incur a loss of Rs 40,000/- which I have already paid to travel operator in lieu of Airline Ticket & Hotel Bookings. Please Guide me. What can I do.
Asked 7 years ago in Civil Law
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4 Answers
Sir, If they don't cancel my duty, then what are legal options that I have, so that I don't go for election duty. 1. Can I reject my duty as I have reasonable explanation for that. What punishment will I get due to that. Where can I appeal? What is the provision regarding that in Representation of People Act, 1951? 2. Are there any other platforms e.g. Chief Election Commission/ State Election Commission where I can appeal against decision of Distt. Election Officer/DM?
Asked 7 years ago
Hello,
First of all in your case Chief election officer will be the prescribed authority and not the State Election Officer as the Chief election Officer is responsible for State Election. That in case the authorities fail to respond to your request yu can approach the Hon'ble High Court directly for challenging the order with regards to your election duty.
In case you want any legal help at any point of time you can contact me on +91 or you can write a mail to me at .
Regards
1) section 26(3)of representation of people act provides that If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorized by the [district election officer] to perform such functions during any such absence.
2) section 28A provides that Returning officer, presiding officer, etc., deemed to be on deputation to Election Commission. —
3) 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.]
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 dutyin connection with 6* * * 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 4**
4) you cnnaot reject your duty
5) if you do so discplinary action can be taken against you
1) under section 174 of IPC criminal case would be filed against you by the elction commission . offence is non compoundable
2) Section 174 in The Indian Penal Code
174. Non-attendance in obedience to an order from public servant.—Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both