SC directs states to deploy more staff to support BLOs on SIR duty

The Supreme Court on Thursday laid down several measures to ease the difficulties faced by booth-level officers (BLOs) working on the special intensive revision (SIR) of electoral rolls across states, reported Bar and Bench.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued the directions while hearing the plea filed by actor Vijay’s Tamilaga Vettri Kazhagam (TVK), challenging coercive steps taken by the Election Commission of India (ECI) against BLOs working on SIR.

The Bench directed the state governments to deploy additional staff for SIR duty to reduce the working hours of the people involved.

"Wherever any employee has any specific reason for seeking exemption from the duty assigned by the ECI, the competent authority of the state government shall consider such requests on case-to-case basis and replace such person with another employee," the court said.

The court also noted that states are bound to provide additional staff whenever required. On the plea for ex gratia compensation for BLOs who died during SIR duties, the Bench said the aggrieved persons or the petitioner can file applications at a later stage.

What’s the case?

Senior Advocate Gopal Sankaranarayanan, appearing for the TVK, stated that the ECI has been taking coercive action against BLOs on SIR duty under the Representation of the People Act (ROPA).

"We have details from 35 to 40 BLOs who have committed suicide. These are all Anganwadi workers and teachers. Section 32 ROPA notices are being sent to them, saying that they will be imprisoned for two years if they don't meet deadlines. Fifty FIRs have been filed against BLOs in UP. They (ECI) are taking pride in this. There was a boy who wanted to attend his wedding. He was denied and he committed suicide. This is a human story," Sankaranarayanan said, as quoted by Bar and Bench.

Similar reports of BLO deaths have also emerged from Uttar Pradesh, Rajasthan and West Bengal, all of which are undergoing the electoral revision exercise carried out by the Election Commission.

What did the ECI say?

Senior Advocate Maninder Singh, appearing for the ECI, opposed TVK’s application, terming it “unfair”. He added that the ECI resorted to criminal proceedings only when the BLOs showed reluctance to perform their duties.

The court, however, said that it is the duty of the state to obviate the hardships of BLOs.

"TVK seeks measures from the ECI for BLOs who are experiencing extreme measures. Applicant is espousing the cause of such employees who, due to health reasons, family circumstances and other individual circumstances, are unable to perform the duties assigned by the ECI. It is also highlighted that where employees are reluctant to perform their duties, the ECI is filing criminal action against them. There can be indeed no quarrel that employees deputed by the SEC at the disposal of ECI for the performance of statutory duty, including SIR. In case they are facing issues, the state government can obviate such hardship," the court said.

SIR is currently underway in 12 states and Union Territories across India. Multiple petitions are listed against the exercise in the Supreme Court.