POLL

Provisions of minimum facilities to Polling Personnel during poll.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit led herein the High Court will be pleased to **

For the Petitioner : Mr. B. Shri Ramulla Advocate.

For the Respondents : Advocate General Smt. C. Jayashree Sarathi.

The court made the following :

(Under Article 226 of the Constitution of India)

In the High court of Judicature ''Andhra Pradesh'' at, Hyderabad (Special Original Jurisdiction)

(1) The Chief Electoral Officers Govt of A.P., Secretariat. Hyderabad

(2) The Commissions, Municipal Corporation of Hyderabad.

(3) The Register Collection of all districts in States

(4) The Chief Secretary, Govt. of India Secretariat, Hyderabad

Issue an Order, direction, or a writ, more particularly one in the nature of writ of Mandamus directing the Respondents herein to exempt Working Mothers particularly breast feeding mothers from the duties of Presiding Officers and Assistant Presiding Officers in the ensuing elections.

--------------- ---------------Writ Petition No. 7659 of 1996

ORAL ORDER : (Per the Hon'ble the Chief Justice)

A petition on behalf of the working mothers has been taken up under Article 226 of the Constitution of India. The first respondent - the Chief Electoral Officer, State of Andhra Pradesh, has responded by an affidavit by the Joint Chief Electoral Officer and Ex-Office Joint Secretary to Government, General Administration (Election) Department. Election Commission of India is represented before us and a communication from the Principal Secretary, Election Commission of India to its counsel in the proceeding has been placed before us. It is not in dispute that elections to the Lok Sabha (Parliament) are slated on and from 27-4-1996 and steps have already been taken to appoint Presiding Officer, Assistant Presiding Officers and other staff for the polling stations and a large number of women employees in various establishment under the Government of the State, local and statutory authorities, and Government of India and State Government undertakings have been drafted for discharging duties of Presiding Officers, Assistant Presiding Officers and other categories of polling staff for all the Parliamentary constituencies in the State as well as for the State Assembly elections in some constituencies. The petition on behalf of the woman employees, who are drafted or likely to be drafted for the election duties, states as follows :

"Election duties as Presiding Officer and Assistant. Presiding Officers, are a nightmare to the working mothers and particularly to the breast feeding mothers. Election duties to the abovementioned posts, require wide knowledge and experience in the Office procedure like conducting enquiries, recording statements. filling complaints to the police, take spot decisions in cases of challenged votes, Tendered votes, control the staff, polling agents, voters, unsocial elements etc. Experienced men who are working in Offices can handle such situations effectively, but lady teachers and lady lecturers who have absolutely no knowledge and experience in office work, find it almost impossible to work as Presiding Officers and Asstt. Presiding Officers. They can, however, work as Polling Officers, since their duties are limited and since they work under the guidance of the Presiding Officers.

Ladies posted as Presiding Officers and Asstt. Presiding Officers have to report to the Distribution Centres, one day before the poll i.e. at 10.00 A.M. on 1-5-96 and collect Election Materials, including Ballot Papers and then proceed to their respective Polling Stations in lorries and stay there the whole night, guarding the Election Materials. Most of the Polling Stations do not have the minimum facilities like Bathrooms and Toilets, with the result the ladies have to face very embarrassing situation. The next morning i.e. on 2-5-96, they have to get ready to face the most hectic and risky activity of their lives, without a bath and breakfast. Their work during polling hours is ridden by fear, tension and risks. It is like asking a lamb to control a pack of wolves.



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