How Should We Handle Office Closures for Staggered Election Dates Across India?

Hi, I'm Kishore. We have offices all over India. We are supposed to declare a holiday for the General election, but Mumbai, Karnataka, and Kolkata are having elections in different phases. Therefore, I'm considering not closing our offices and instead providing paid leave for employees according to their voting dates.

Please correct me if I'm wrong.

Hi Kishore, The Election Commission of respective states/state governments issues appropriate notifications to all establishments, mentioning the dates that should be declared as paid holiday(s) in the respective constituencies. In the ensuing elections, 2-3 phases of polling are taking place in some states. Therefore, you are right to "declare a paid holiday" for those offices on the days when polling is taking place. Granting "paid leave" to staff and not closing the office, in my view, is not appropriate as adhering to the stipulation in letter and spirit of the rule is better than inviting troubles later. It is better to follow the notifications issued by the Election Commission of the respective jurisdiction strictly. Any violation might attract only a fine of Rs. 500 or so, a fact that you shouldn't take lightly or encourage committing a default.

Please go through the latest circular dated 22.03.2019 (copy attached) issued by the Election Commission of India relating to Section 135B of the Representation of People Act, 1951. It clearly states that you are to close your establishment on the day of the poll. Thereafter, if some of the employees remain who are voters of another constituency where polling is scheduled for a different date, you are required to grant them a special paid holiday. Please note that the polling is set to occur in seven phases. Kindly review the circular and make decisions accordingly.

Regards, R N Khola