Dear Sir
Under the Representation of Peoples Act, the term "cause substantial loss" is not defined. The Act also does not lay down any objective criteria for determining when "substantial loss" could be said to be caused. Please enlighten me as to what are the circumstaces under which the employer in the IT and ITES sector could come to the conclusion that the absence of the elector would cause "substantial loss". If, in the absence of a legal definition of the term "substantial loss" the employer is guided by his subjective satisfaction for coming to the conclusion that "substantial loss" would be caused to him by the absence of an elector then his decision that the absence of the elector would cause "substantial loss" is subject to judicial scrutiny. As far as my knowledge goes there is no case in which the High Courts or the Supreme Court has pointed out the circumstnces under which "substantial loss" could be caused due to the absence of the elector. Any body having information on this point please clarify.
Under the Representation of Peoples Act, the term "cause substantial loss" is not defined. The Act also does not lay down any objective criteria for determining when "substantial loss" could be said to be caused. Please enlighten me as to what are the circumstaces under which the employer in the IT and ITES sector could come to the conclusion that the absence of the elector would cause "substantial loss". If, in the absence of a legal definition of the term "substantial loss" the employer is guided by his subjective satisfaction for coming to the conclusion that "substantial loss" would be caused to him by the absence of an elector then his decision that the absence of the elector would cause "substantial loss" is subject to judicial scrutiny. As far as my knowledge goes there is no case in which the High Courts or the Supreme Court has pointed out the circumstnces under which "substantial loss" could be caused due to the absence of the elector. Any body having information on this point please clarify.