Explained: Election Duty Exemption - The Four Options Govt Employees Can Use

Any government or state-run or state-undertaking employee who are rostered for Election Duty can be exempted only on four aspects including pre-planned foreign tour and severe health issues. The concerned employee, who wants to cancel his or her poll duty, needs to submit a valid proof to the higher authorities.

Mumbai/Hyderabad: After the schedule for the 2024 Lok Sabha polls has been announced by the Election Commission of India (ECI), the entire state machinery led by the Chief Electoral Officer of the state has begun the process of elections.

The Election Commission requires a huge number of personnel to conduct the elections and these personnel are drawn from various government departments, government school teachers, and public sector undertakings like various enterprises including nationalised banks and LIC.

The personnel in polling teams include Presiding Officers and Polling Officers, Sector and Zonal Officers, Micro-Observers, Assistant Expenditure Observers, drivers conductors and cleaners of vehicles used in elections etc. Police personnel involved in security and law and order, Sector and Zonal Officers, Returning Officers, Assistant Returning Officers, District Election Officers and their staff, are among others who help in conducting the elections, in their respective districts in all states and union territories across the country.

Some of these people will not be keen on performing the polling duty wherever they are rostered, looking for exemptions. There is little to no scope for those rostered for the election duty to remain absent. The absenteeism will attract punishments from the Commission.

According to a Department of Personnel and Training notification, the disciplinary functions of the EC over officers, staff and police deputed to perform election duties shall extend to suspending any of them for insubordination or dereliction of duty and to recommend to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty.

The Exemptions

There are only four reasons when an election duty of a government employee can be cancelled and for it the concerned employee has to submit valid proof to his or her higher authorities. The orders of exemption and release from the election duty can be only passed by the District Election Officer (DEO).

In most districts, the District Collector is designated as the DEO as per section 13AA of the Representation of the People Act 1950. As per the act, he/she will report to the Chief Electoral Officer who will supervise, direct and control the designated DEO who in turn supervises the election work of a district.

According to Deputy Election Officer Shashikant Mangrule of Nashik district, the election duty of an already drafted employee from the government machinery or from state-sponsored undertakings fulfilling is possible under certain criterias. The cancellation of election duty orders can only be issued by District Collector Jalaj Sharma, who is also the DEO for Nashik district.

Dual Allocation

One of the criteria is that if an employee is given duty at two different places, then he/she can place a request for cancellation of the duty at one place as it will not be impossible for him or her to report at both places and dispense the election duty, Mangurle said.

Political Affiliation

"The second criterion is political affiliation. If an employee is associated with any particular political party, that person can seek exemption citing his/her political affiliation."

"The rostered individual will have to submit proof of his affiliation with the political party to the senior officials concerned. The same will be forwarded to the DEO for further action," the senior official explained.

Pre-Booked Foreign Trip

You can ask for cancellation of poll duty if you have already planned an overseas trip which clashes with the Lok Sabha election dates. The catch here is that the trip has to be pre-booked and the tickets and granted visas are to be produced as proof of travel.

"The third criterion is that if the government employee has pre-booked a trip to any of the foreign countries and the travel date comes in the middle of the Lok Sabha elections," Mangrule said, adding that the individual can avail exemption.

According to the official, the concerned employee has to submit all the travel documents to the higher officials.

Acute Heart Disease or Rare Disease

As per the guidelines, individuals who are suffering from acute heart conditions or rare diseases which affect their functioning can also seek exemption.

"The fourth criterion is that the employees who are suffering from acute heart disease or a rare disease can ask for an exemption from election duty," Mangrule said, adding that, "in this case also, the concerned employee has to submit all the necessary medical certificates."

In every district, tens and thousands of polling personnel are required to carry out the election duty on the day of polling. The training for the polling personnel has already been initiated and the master trainers have been identified and they will train the polling personnel on their respective roles which they are expected to perform on the polling day.

The polling will take place in seven phases from April 19 to June 1. The counting will take place on June 4.

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