Legal Question in Employment Law in India

when there are two posts of staff representatives to be voted for election by every staff member by casting two votes i.e. one for each representative in a Govt Office like ICAR Res. Insts. and there is a condition that the ballot papers containing more than two votes will be treated as invalid what is the validity of the ballot papers with only one vote for only one representative which has resulted in 27 votes including six single votes for X and 25 with one single votes for Y and 25 with two single votes for Z. It is the game played by X for defeating Y & Z . whereas in my office X has been declared as elected and no result for Y&Z and resorted for reconducting of election one post. In my view, if the single votes are treated as invalid, then X will be with 21, Y with 24 and Z with 23 and thereby Y&Z are the winners. When this is brought to the notice of the competent authority, no action is taken. Further, X is a notorius indisciplined employees who was removed from service twice but taken on service once through court order and second time by the orders of the Appellate authority through corruption. Even objected for the vailidity of his nomination for election as he is having maligned records of service as that of a criminal back ground for MP/MLS election. Pl give your kind valid opinion on both points i.e. validity of nomination and single vote ballot papers


Asked on 5/27/15, 11:10 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.05.2015

Dear Sir / Madam,

If it is not binding that a voter has to compulsorily vote for two candidates, all ballot papers comprising one single vote are valid. If the credentials of candidate X were circumspect, candidate X ought to have been disqualified from contesting the elections.

Regards,

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Answered on 5/27/15, 11:46 pm


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