யாருக்கெல்லாம் தேர்தல் பணியிலிருந்து விலக்கு அளிக்கலாம்? - இந்திய தேர்தல் ஆணையத்தின் கடிதம்

Who can be exempted from election work? - Letter from the Election Commission of India

Exemption from Election Duty 

யாருக்கெல்லாம் தேர்தல் பணியிலிருந்து விலக்கு அளிக்கலாம்? - இந்திய தேர்தல் ஆணையத்தின் 2023ஆம் ஆண்டு கடிதம் - பக்கம் 7, பத்தி 10

>>> தரவிறக்கம் செய்ய இங்கே சொடுக்கவும் 

By Email/ Speed Post

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi-110001

No.464/INST/EPS/2023(Election Official)

Dated:7th June, 2023

To

1. The Secretary,

Department of Personnel & Training,

Ministry of Personnel, P G and Pensions

Government of India

North Block, New Delhi - 110 001.

2. The Secretary,

Ministry of Defense,

Government of India,

199-A, South Block, New Delhi.

3. The Chief Secretaries of

All States/UTs.

4. The Chief Electoral Officers of

All States/UTs

Subject:

Officials for Election Duty - Requisition, Seniority, Exempted Category and other related issues etc. - regarding.

Reference: Commission's Instructions issued vide No. and dated

(i) No. 4/93/J.S. II, dated 06.01.1993.

(ii) No.434/1/ES026/94 MCS dated 24.10.1994

(iii) No.458/4/96/-PS-IV/Vol-II dated 22.07.1996.

(iv) No.3/1/98/J.S. II, dated 11.08.1998

(v) No.154/98/PLN-IV dated 31.08.1998

(vi) No.576/3/2004/JS-II dated 09.08.2004

(vii) No.464/INST/2007/PLN-I dated 12.10.2007 

(viii) No.464/INST/2008/EPS dated 05.11.2008 

(ix) No.464/INST/2008/EPS dated 23.12.2008 

(x) No.464/INST/2008-EPS dated 26.12.2008  

(xi) No.464/INST/2009/EPS dated 18.02.2011 

(xii) No.464/INST/2013-EPS dated 18.09.2013

Madam/Sir,

Under Article 324(1) of the Constitution of India,superintendence, direction, and control of the preparation, revision and correction of electoral roll and conduct of all elections to the Parliament and State Legislature and election to the offices of President and Vice-President shall be vested in the Election Commission of India. For this purpose, Article 324(6) further provides that the President or the Governor of a State, shall,when so requested by the Election Commission, make available such staff as may be necessary for the discharge of the above functions conferred on the Election Commission of India.

2. Conduct of elections and preparation of electoral rolls involve diverse activities at various levels which require involvement of sizeable number of officials and field level functionaries of various authorities, including the Governments, in such exercises. The Commission has always endeavored to ensure free and fair elections and, in this regard, has issued numerous instructions on various crucial aspects of election process including requisition of staff for election duties. Now, in supersession of all the previous instructions in the matter, a revised and consolidated instruction is being issued by the Commission for scrupulous compliance by all concerned authorities.

3. In pursuance of the above Constitutional provisions contained in Article 324(6), a well derived structure of electoral machinery has been provided in the election laws contained in Part IIA (Section 13A to 13CC) of the Representation of the People Act, 1950 and corresponding provisions given in Part IV (Section 20 to 29) of the Representation of the People Act,1951.

Further, Section 159 of R P Act, 1951 lists out the authorities who shall make their staff available to the Returning Officers, when so requested by the CEO of the State. Under this provision, the Chief Electoral Officer can issue orders for requisitioning of staff from the authorities mentioned in the said legal provision to make available to Returning Officers as may be necessary for performance of duties in connection with elections. However,appointments of staff so seconded to Returning Officer, should be made by District Election Officer under Section 26 of the Representation of People Act 1951. Sections, 27, 28, 28A and 29 of the Representation of People Act 1951 are also relevant in this context.