You should complain to chief electoral officer of your state if returning officer is not relieving you of duty
draw attention of electoral officer to panchayat elections rules which prohibit employment of relative as polling officer
According to gujarat election panchayat rules 1994 Gujarat panchayat election rules 1994 Part -3 (7) Appointment of presiding and polling officer The returning officer ( chutni Adhikari) shall also appoint such number of polling officers to assist the presiding officer in the performance of his functions as he may think fit,but he shall not appoint any person as a polling officer who has been employed by iron behalf of or has been otherwise working for a candidate in or about the election Now i am working as a semi goevrnment employee in anand (gujarat)and i got election duty as asst. prisiding officer and mean while my brothers( cousin) wife is candidate in district election from my village and group. I had informed returning officer that she is my relaTive and i have to do work behalf of her in my area. But though she is not relieving me from my duty. I had given in written. So now how can I take action againt this returning officer? Where to complaint and which is high authority for taking action against this
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You should complain to chief electoral officer of your state if returning officer is not relieving you of duty
draw attention of electoral officer to panchayat elections rules which prohibit employment of relative as polling officer
SCA for seeking writ of mandamus before Hon'ble High Court of Gujarat can be done expeditiously seeking appropriate directions against the returning officer.
The returning officer and the district collector are one and the same.
You can first give a representation i writing to the returning officer divulging the facts and the reasons of your non availability for the election duty.
If your concerns are not addressed properly then you may approach the state election officer with a representation/appeal against the rejection of your request by the local returning officer.
If that is also not effective you may approach the civil court with a suit for injunction restraining the returning officer to appoint you as presiding officer in the ensuing elections for the reasons and the law in this regard that you rely upon.
If your relative for whom you are working is declared elected, the candidate who lost can challenge the election on the ground of violation of Rule under Gujarat panchayat election rules 1994. Complaint to election commission of State and also Chief Election Commission, Delhi seeking you release from election duty. If everything fails, file a writ in Gujarat High Court.
Dear Sir/ Ma'am,
I am semi government primary teacher and my brothers wife is taking part in district election and if i have to work for her in my area... it is leagl for me to do that?? If not than what i have to get legaly releif from my election duty? Anyway i have to workfor her as she is my family member
You cannot work for her as you are semi govt employee and posted as polling officer
for relief from election duty if you are not relieved by returning officer complain to chief electoral officer
Section 26 of REPRESENTATION OF THE PEOPLE ACT, 1951 provides that the district election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election. Your appointment is unlawful. Bring this to the notice of Returning Officer and Election Commission. You appointment will be cancelled.
Being a government employee you cannot participate in active politics.
Working for a candidate in election can also be termed as active participation in politics.
Your employer may initiate disciplinary action for this and it may even cost your job.
You may decide between job and helping your relative in the election process.
- You should lodge a written compliant after mentioning the Panchayat rules before the election officer , and thereby request for reliving .
- Further , being a government employee , you cannot work for any candidate even relative .
Dear Sir,
The extracts of Rule 5 of the Central Civil Services (Conduct) Rules, 1964, which interalia prohibits the Government servants from taking part in politics and elections.
Therefore, you cannot take part in such affairs of the election as it would threaten your appointment.
Rule 5 of the Central Civil Services (Conduct) Rules, 1964, According to that rule i have to prevent my family member to take part in election... but what if Government servant is unable to prevent a member of his family from taking part in, or subscribing in aid of or assisting in any other manner, any such movement or activity? Where shuld i report this? And what after effect will i have to face?? Will i get relief from election duty?? I dont will not work for the member but what action shuld i have to take and what will be its result?? Its cleat that my family member had already taken part in election. And i have got election duty order from returning officer. Just i have to inform returning election officer about it? Will i get relief from election duty according to law? Or returning officer have any power to order to do my election duty ?
You may give it in writing about your family member is contesting election as a candidate hence you may not be deployed for election duty owing to the rules which prevents an employee to be deputed to act as polling officer.
If the returning officer still do not relieve you from this duty then you may have to obey the orders of the authority concerned.
You should refuse to campaign for your family member
inform authorities in writing that family member is standing for elections
you would not face disciplinary action
Dear Sir/ Ma'am,
Returning officer is the statutory authority to conduct the polling, counting process and to decide validity of ballot paper and election commission has no power to overrule him or her. Therefore, you must also inform about the same to him directly.
It is advisable for you to inform your higher authority in writing regarding the complex situation. Also, you must inform that your cousin's wife is participating in the elections and therefore you cannot perform the election duties being a government official.
You shall be relieved from the election duty and if not, you must have a copy of the written application you provide to the higher authority as a proof.
- Legally you cannot prevent your family member to take part in the election , but legally you cannot campaign
- Hence, give a written information /compliant for getting relief .
In election , there is an assisting presiding officer whose duty is to identyfy the voter and tick in voter register. Then after votting they send this ragister to receiving center. If someone want a copy if that ragister of specified polling both from election authoruty than how can some one get that register book? Specify excet process for the same and the specific authority to ask for the same. My relative was participating in this district election. Remember i dont want copy that agent have. I want the final copy from electio authority.
You can submit an application through RTI act requesting the said copy or extract.
The Information officer may consider your request provided your reasons for asking the said information is convincing.