• Exception from election duty

I am about to get election duty in my state of Karnataka as Preciding officer. My head of institution while providing staff position mentioned in remark column as I am away from duty and relived to perceive Bachelor of education at my own cost without salary and services as DIES NON period. So my question is necessary for me to attend election duty even though am not in service. It's tough for me to drop my studies for few days as it near to my semester exams.
Asked 4 years ago in Labour

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8 Answers

When u are relieved from duty for exams and so is remark, how can u join election duty, u r actually on sanctioned leave.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir if already relieved(Sanctioned leave not in service) till the there is shortage and emergency they wont appoint you in case they does you can make a representation before authority for cancellation of duty as effect of exam.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can seek exemption from election duty as you are on leave without pay for your studies

2) district election officer can grant you exemption from election duty

3) if it is rejected you have to do election duty

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hi

1) Since you are in DIES NON period, in general election duty will not be assigned to you.

2) If at all, election duty is assigned to you, either intentionally or due to oversight or due to shortage of personnel, you can file a writ petition in the high court under article 226 and claim exemption from election duty.

3) Article 324(4) and 324(6) of the Constitution of India and Sections 26(3) of the Representation of People Act, 1951 will be governing articles and sections which should be referred to in your petition at High court (if at all, you are appointed for general election duty)

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

No, you should not as you are on leave now.

I advice you to give them a written request by speed post or email reminding them again the reason of your non presence in the election duty.

It would also serve you as proof that you were on leave still was asked to attend the election duty.

See, their response and then take further step.

You can take my assistance through Kanoon, if requires.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Will not be allotted election duty as you are on subactical leave and not in active service.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If your department has declared that you are not in service due to study leave and the same is considered as dies non, you cannot be deployed for election duties.

The serving government employees only can be deployed for such services.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

If your leave is officially cancelled then you need to attend the election duty if the said election doesn't clash with your date of exam.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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