• Cancellation of election duty

My mother is 59 years old and has arthritis problem with swollen knee and pain. I read somewhere that lactating mother, pregnant women and seniors above 59 years of age can be exempted plz let me know if its true. And where am i supposed to give this letter please let me know. She just got her notice today saying tomorrow morning she will receive her relieving order to join election duty training in the morning.
Asked 6 years ago in Constitutional Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

head of the department has been given authority to take a decision when an application is received from an official seeking exemption from poll duty.

“If prima facie, the head of the department finds the official is fit to do election duty, then the application could be rejected there itself saving the medical board’s time. However, if the head of the department feels that a medical assessment is necessary, the application is then sent to the medical board for examination. The report of the medical board will be treated as final for accepting or rejecting the application,”

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

pregnant women and officials reaching the age of 59 can exempt themselves from poll duty without any medical assessment.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes this notification is true and election commission of India has published it. The application has to be given to your departmental head and he will grant you exemption.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She can give an application to district collector along with the authority who has engaged her in election duty seeking exemption on the medical grounds and cancellation of duty,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes lactating mother and pregnant women are exempted from the election duty but as your mother is in job and she is only 59 years of age she has to produce the medical certificate of the inability to go for election duty and this should be exempted by the Election Officer at the district if it is not then she has to go for the election duty

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can submit the same to her departments and election Commission or it's office to show her inability to attend it on medical grounds

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. It is true that they can be exempted.

2. Has she sent a representation to state that she be exempted on account of the reasons mentioned by you? If it has been given then she should wait for the relieving order and then file a writ petition in the High Court to set aside the order of joining election duty.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

She is a senior citizen and having medical problems, she can give a letter requesting to relieve  her from such duties to the district collector's office where the duties of the election are being managed.

You take her to the office for submitting the letter

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer