Voter’s rights: What are the rights of the voter if he does not get leave on the day of voting?

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In view of the Lok Sabha elections 2024, elections are to be held in seven phases. The Election Commission has announced to conduct elections in seven phases from April 19 to June 1. The first phase of voting is over. The second phase of voting is to be held on Friday. In such a situation, a big question arises whether money is deducted for taking leave during voting days? Let us know what is the provision for employees taking leave on polling day.

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Every person above 18 years of age in India is entitled to vote. He exercises his constitutional right to vote on election day. According to the Constitution, no citizen can be deprived of exercising his right to vote. As per the Representation of the People Act, 1951, every undertaking has to declare the day of polling as a holiday in the area where polling is taking place. According to the Act, an employee must be given paid leave on the day of voting and his salary for that day cannot be deducted.

Employees get paid leave on election day
Rishi Sehgal, Advocate-on-Record in the Supreme Court of India, says this provision applies to both public and private organizations. According to the law, daily wage laborers and casual employees should also be given paid leave. Furthermore, it is important to note that this rule also applies to employees who are ordinarily residents of the constituency where the election is being held. For example, if a voter is from Mumbai but is employed in Chennai then the voter is entitled to leave on the election day in Mumbai.

What are the rights of a voter if he does not get leave?
If any company or institution does not grant paid leave on the day of voting then the employee can approach the Election Commission or the authority designated by it. Employees facing such situation can report it to the Election Commission of India or State Election Commission. If the Election Commission receives a complaint, the company or institution will come under investigation. According to the rules, a fine of Rs 500 will be imposed on the violator. Depending on the case, the Election Commission can also file an FIR under the Indian Penal Code for violating the order of a public authority.

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