• Exemption from election duty

Sir, my age is 36 , after 8 years marriage life for first time I got pregnancy and at the end of first trimester. Before this two times I suffered miscarriages due to conditional journey , but this time my doctor is strictly advised me not to do journey. But I got selection duty, I submitted medical certificate along with my requesting letter.to R.O for exempting me from election duty. My health is also not supporting to do journeys. Please kindly help me what happens if I won't attend training program and election duty , any defence regarding this issue kindly help me sir.
Asked 6 years ago in Criminal Law
Religion: Hindu

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14 Answers

All the issues as you have stated are strong grounds which should be taken into consideration while taking a decision upon your application for leave by the authorities.

Your previous medical condition and restriction imposed. File a medical certificate by a certified board of physicians in case the authorities want any further proof.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you should be exempted from election duty as you have suffered 2 miscarriages in past and you have been advised complete bed rest by your doctor 

 

2) pregnant women are generally given exemption from election duty 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

being presently pregnant,

advised by the doctor not to go on any journey

and

history of two miscarriages,

your application for exemption from election duty will be surely accepted,

don't worry and do not take stress as it will leave an ill impact on the upcoming child. 

your said application will be your defense for any negative output.

RELAX and GOOD LUCK

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Under the said circumstances you are eligible for exemption from your election duty.

2. If you are not given such exemption then you can file a writ petition in high court wherein you are expected t get the necessary reliefs

3. before that do send them a detailed presentations along with supporting medical evidences which would help you to get remedy from the high court

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Madam,

No, this is absolutely against the law. In fact, the law states that from 10 weeks before your due date, you do not have to do arduous work, stand for long hours or be asked to do any other work that may cause physical problems.

Mothers of small children and pregnant employees would be exempted from the election duty.

District electoral officer Siddharth Komal Pardeshi assured a delegation of woman employees, who have been deployed in the election duty, led by Chhattisgarh Rajya Karmachari Sangh state president Virendra Namdev and state general secretary Puran Singh Patel, that if poll duty has been given to any woman having a child of up to 9 months and pregnant woman employee, would immediately be relieved from the duty, on getting application from such employee. Because, such instruction has been given by the election commission.

If any employee, the marriage of his/her children were scheduled to be solemnized during the election period, on getting application, they would also be relieved from the election duty. In a memorandum submitted to the district electoral officer, the delegation urged to cancel the election duty of the women employees working in the Raipur Municipal Corporation area, who have been given duty at Aarang, Abhanpur, Dharseenva and Balodabazar district and looking to their physical and mental problems, they should be given duty in Raipur Rural, North, South West assembly constituencies.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

They may initiate a departmental action against you in case you fail to join your election duty.

Let the concerned competent Authority taken an action on your application seeking exemption from joining these duties. In case the Authority just sits over your application without seeking any decision thereon, approach the High Court. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See the duty need to cancelled before hand, in case duty is not cancelled then you have to attend same as non attendance can lead to issue and departmental enquiry if RO fails to cancel the duty then in that case approach the higher official.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

You have justify reason to seek exemption from election duty followed by past medical accidents, submit the same with your application,  still not accepted, definite relief from High Court.

You can refuse, motherhood is fundamental right of women. No service Regulations can stand in the way of a woman for claiming protection of her fundamental right of dignity as a mother

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

You may file representation before your higher authorities and concerned Election Officer in the meanwhile approach the Service Tribunal or High Court to get immediate relief on the basis of your medical grounds and family history.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Your medical certificate is the biggest defence for your your health condition so rely on the said certificate firmly

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Madam,

 

- Need not to worry on this, you shall be exempted from the election duty if it is rightly submitted with all the desired documents. 

- Incase needed you can approach to District electoral officer with all the documents keeping your officials in loop

- As per previous "Election-Handbook for Returning Officers-2014" issue by Election Commission of India at the time of Jammu Kashmir Election, it was very clearly mentioned as shared below 

       3.4 Women Officials 

       3.4.2. You shall exempt all pregnant women and lactating mothers, whether on maternity leave or not, or who are otherwise on medical advice not to undertake any rigorous
or hazardous work, from election duty.

((http://ceojammukashmir.nic.in/pdf/Handbook_for_Returning_Officers.pdf))

- Same shall be the guidance for other states.

 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

If they do not allow your application and thereafter you do not go for training and election duty then they may start disciplinary inquiry against you. 

if they do not process the application given to them you may approach the High Court and take appropriate order from the court itself. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

pregnant women are generally given exemption from election duty. 


Circular G.O number No.209/SEC-B2/2017

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have already given a representation to the authority concerned about this and sought to be exempted from election duties, you may secure the evidences and approach court if the authorities reject your request.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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