Haryana Assembly Elections: Concerns Raised Over Paid Leave Notification for October 5 Voting Day

Haryana Assembly Elections: Concerns Raised Over Paid Leave Notification for October 5 Voting Day

Chandigarh: As Haryana gears up for its upcoming Assembly elections, the state government declared Saturday, October 5, 2024, as a public holiday for the purpose of voting across all 90 constituencies. The notification, issued by the Haryana Human Resources (HR) Department on September 20, bears the seal and signature of Chief Secretary T.V.S.N. Prasad, IAS. It states that employees of government offices, educational institutions, and other public sector organizations, who are registered voters in Haryana, are entitled to paid leave under the Negotiable Instruments Act, 1881, and Section 135-B of the Representation of the People Act, 1951.

The directive further extends this benefit to employees and workers in factories, shops, and private establishments across Haryana, provided they are registered voters in the state. This paid leave, referred to as special casual leave, allows them to participate in the election without any deduction in salary.

However, the notification has drawn attention to certain inconsistencies, especially concerning the leave entitlement of employees and workers who are not registered voters in Haryana but are employed within the state. A lawyer has raised this issue with the Election Commission of India (ECI), the Chief Electoral Officer (CEO) of Haryana, and the HR department of the Haryana government, pointing out a key discrepancy.

It was highlighted that in 2024, the Haryana government had already declared every Saturday as a public holiday for all government offices under its jurisdiction, based on a notification issued on December 22, 2023. As a result, there is no pressing need for an additional holiday on October 5, 2024, for government employees working in state offices, as they already benefit from a scheduled day off.

More importantly, concerns were raised about the restriction of paid leave to only those employees who are registered voters in Haryana. The legal stance argues that all employees and workers, regardless of whether they are registered voters in Haryana or in another state, should be entitled to paid leave on election day. This applies especially to individuals who may be voters in neighboring states such as Delhi, Punjab, Himachal Pradesh, Rajasthan, Uttar Pradesh, or other regions of India, but are employed within Haryana. The argument stresses that the leave entitlement should be uniformly applied, ensuring that anyone working in Haryana, whether in public or private sectors, is granted paid leave on the day of the election.

The representation calls for a revision of the current notification to ensure compliance with legal standards. It is argued that denying non-Haryana voters paid leave violates their rights as employees working in the state, as they are equally entitled to participate in the electoral process, albeit in their respective states.

The issue has been brought to the attention of the Election Commission and the Haryana government, seeking immediate rectification of the notification to align it with broader legal norms. This move is aimed at ensuring fairness and inclusivity for all employees, irrespective of their voter registration status in Haryana.

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