The Election Commission of India has made all preparations to welcome voters to the biggest festival of democracy that any nation has witnessed, the elections to the 18th Lok Sabha. India is set to vote for the Lok Sabha elections starting from April 19 which will continue in seven phases on April 26, May 7, May 20, May 25 and June 1 respectively.
PAID HOLIDAY ON VOTING DAY FOR EMPLOYEES
As per Section 135B of the Representation of People Act, 1951, every Person employed in any business, trade, industrial undertaking or any other establishment and entitled to vote at election to the Lok Sabha or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday to exercise their voting rights guaranteed by the Constitution of the largest democracy in the world and get their voices heard.
Can Employer Deduct Salary for Leave on Voting Day?
As per Section 135B (2) of Representation of People Act, 1951, no deduction or abatement of the wages of any such person shall be made on account of holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday has been granted to him on that day
PENALTY
An Employer denying any employee to vote is denying their Constitutional right to vote. Therefore, the violation of the above provisions will lead to penalty which may extend to Rs. 500 as per Section 135B (3) of Representation of People Act, 1951.
EXCEPTION
According to Section 135B (4), this shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.
PHASE-WISE ELECTIONS IN INDIA
States Granting Paid Holiday for Lok Sabha Elections 2024:
The following States have declared paid or public holidays on voting days on the basis of phases on which batches of constituencies will go to the polls for Lok Sabha Elections 2024:
| Phases | Date | States (No. of Constituencies) |
|---|---|---|
| Phase 1 | April 19, 2024 |
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| Phase 2 | April 26th, 2024 |
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| Phase 3 | May 7th, 2024 |
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| Phase 4 | May 13th, 2024 |
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| Phase 5 | May 20th, 2024 |
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| Phase 6 | May 25th, 2024 |
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| Phase 7 | June 1st, 2024 |
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Date of Counting of Votes : June 4th, 2024
Note:
*Poll days & corresponding schedule for 4 State Legislative Assembly elections is on the same day as Parliamentary Constituencies.
Reference:
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.