You can take that ground for exemption from election duty but you need to justify the same
Exemption from election duty of my wife
Recently my wife and me, both have been assigned duty of presiding officer in Jharkhand legislative assembly election. We have a 3 year old child. We can't leave our child alone or with neighbour as he does not eat on his own. Can my wife be exempted from election duty on this ground. What are the options available to me?
Asked 6 years ago in Criminal Law
Religion: Hindu
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16 Answers
Your wife or you can give an application to the District collector or the returning officer requesting to exempt either of you from the duty allotted to you.
You may narrate the reasons properly to convince the officer/collector seeking exemption.
Your request may be considered.
This is a genuine ground . Make an request to concerned authorities to withdraw you from the election duty on the said ground, as soon as possible. Delay in this matter will count.
Lactating mothers, pregnant women and officials reaching the age of 59 can exempt themselves from poll duty without any medical assessment. Besides health reasons, the head of the department could decide on exempting officials from poll duty if any of them has a genuine reason such as a wedding or events that require the presence of such officials.
Your wife can make application for exemption from election duty on grounds that she has young child of 3 years old and no elder in family to take care of child as husband is also given election duty
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.
1. YES. Exemption from Election Duty is possible on Medical grounds, via a Application supported with a Doctor /Hospital medical certificate.
2. IF the child was of a Milk Feeding age, THEN too it was possible via a Application supported with Hospital's birth certificate.
3. Discretion is vested with the election authority.
She can and should be exempted. Let her address an application to the competent authority to seek exemption. If the application is turned down then she can file a writ petition in the High Court.
Is there any specific guideline from ECI regarding simultaneous election duty of both husband and wife (both employed in a PSU). In past there have been some instances where a order was issued by the returning office for the exemption of wife from election duty but that happened in other states and not in Jharkhand. Can I quote such instances in my application? What are the other ways to convince election authority for the exemption? Can I approach courts in this regard i.e. is there any violation of fundamental right of the child?
Asked 6 years ago
You can quote such instances in your application
2) since there is no family member to take care of your young kid you should be granted exemption from election duty
You apply first. If your request is not considered you can move to high court and obtain a stay order on urgent hearing basis. You have that right.
Or if you have time you can inform to the state election commission office.
Inform your problem first without any delay. Then only your problem can be redressed by the authority.
Authorities are also bound to consider genuine problems for proper redress.
Dear Sir,
According to the orders issued to the District Election Officers by the Secretary of the State Election Commission, Punjab, if both husband and wife have been appointed for duty during the upcoming panchayat elections, the woman can seek relaxation from the duty. However, if the couple gives consent, the woman can be assigned the poll duty.
The order further states that the physically challenged should be given relaxation from the election duty. ADC Development, Shena Aggarwal, said employees from various departments have been assigned the election duty. She said they did not have any record of couple cases. They would look into the matter, if any such couple case comes to the fore, they would do the needful, she said.
Don't force women, disabled teachers into poll duty: HC to MCD
The MCD and the Election Commission (EC) were today asked by the Delhi High Court to consider pleas of women and handicapped teachers seeking exemption from election duty.
In an interim direction, a Division Bench comprising of Chief Justice A P Shah and Justice S Muralidhar said "The respondents (MCD and EC) are directed not to insist any woman and disabled teacher for election duty till the court's further order and consider any application filed by them for exemption from such duty."
The Bench was hearing a PIL filed by the Delhi MCD Primary School Teachers Association highlighting the "hardships" faced by teachers as they are allegedly forced to take up election duty after school hours.
Meanwhile, the NCT government sought more time to inform the court about whether the non-teaching staff of primary
MCD schools can be engaged for the ongoing election duty or not.
On a request from the Election Commission (EC), the Delhi government directs MCD to depute all its primary teachers for the election duty, the petitioner said.
Women and handicapped teachers who have to visit various constituencies during these duties do not get time for their family as they are expected to work on holidays. They also do not get time for physical rest, the petitioner added.
Dont quote what other states have done on this nor approach the court of law for relief.
You may first submit an application to the returning officer or the district election officer seeking to exempt either of you from the election duty owing to the reasons what you rely upon.
Exhaust the remedies which are available locally and then plan to take further steps whether legal or otherwise.
You should approach returning officer with your representation for extemption from election duty due to minor child who cannot be maintained in absence of parents.
You have to apply to the Dist Electoral Officer, meet him personally.
- As per ECI rule, a mother of infant child , pregnant women and officials reaching the age of 59 can exempt themselves from poll duty without any medical assessment.
- Further , besides health reasons, the head of the department could decide on exempting officials from poll duty if any of them has a genuine reason such as a wedding or events that require the presence of such officials.
- Hence, as per rule of ECI, your wife can get exemption from the election duty on the ground of 3 yrs. infant baby.
- Your wife should move an application for getting the same , to her departmental head.
- If, rejected , then can move the court for getting order .
Genuine reasons acn and should be stated and considered by the ECI. if it does not you can always file a petition in the high court.
Regards
Yes you can approach the court on medical grounds or any other urgency