Ensure BLOs available for SIR, SC tells states
New Delhi, Dec. 5 -- The Supreme Court on Thursday underscored that states governments cannot distance themselves from their statutory obligation to provide adequate manpower for electoral work, making it clear that they are duty-bound to ensure the availability of booth level officers (BLOs) for the Election Commission of India (ECI) during the special intensive revision (SIR) of electoral rolls. If existing employees are overburdened or face genuine hardship, states must be ready with substitutes, the court ordered.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said that employees deputed for SIR are required to perform statutory duties and that states cannot withdraw personnel without providing replacements.
The bench delivered the directions while hearing a plea by Tamilaga Vetri Kazhagam (TVK), the party of actor Vijay, highlighting the reported pressure experienced by some BLOs, including suicides by some, allegedly due to the heavy workload and coercive action initiated by ECI under the Representation of the People Act (RoPA).
"The employees who have been deputed by the state governments/state election commissions at the disposal of ECI for the purpose of performing statutory duties, including SIR, are obligated to perform such duties," the court said.
At the same time, acknowledging hardships reported from several states, the bench said that state governments must take proactive steps to mitigate the stress. "If there is a difficulty being experienced on a case-to-case basis, the State government shall exempt such officers and provide an alternative," said the bench, adding that states cannot "run away" from their obligation by simply withdrawing officers.
The bench also laid down a framework for states, directing them to depute additional staff at the disposal of the ECI so that the excessive work hours borne by BLOs can be reduced. Further, if an officer seeks exemption for specific health, family or personal reasons, the competent authority is required to consider such requests individually and replace the officer with another employee.
The court clarified that exemptions will not entitle the state to withdraw deployed employees unless substitutes are arranged, so as to ensure that the state remains obligated to deploy the requisite workforce. Reliefs not covered by Thursday's order, including the request for ex-gratia support for the families of state government officers who died, may be pursued separately, the court noted....
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