SC asks states, UTs to provide more staff to EC for SIR duty to ease pressure of BLOs

Taking note of a plea alleging extreme work pressure faced by booth level officers (BLOs) engaged in time-bound special revision of electoral rolls, the Supreme Court on Thursday directed the states and union territories to consider deputing additional employees for reducing their working hours.

The top court was hearing an application by actor Vijay's party Tamilaga Vetri Kazhagam (TVK) seeking a direction to the poll panel to not take coercive actions under the Representation of the People Act against the BLOs for not performing the duty in a time-bound manner.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of the submissions of senior advocate Gopal Sankaranarayanan, appearing for the TVK, that some instructions are needed to be issued as many BLOs, who are either teachers or Anganwadi workers, have died due to extreme pressure exerted by the EC officials.

Advocate Sankaranarayanan said, moreover, the poll panel officials are also registering FIRs against the BLOs if they fail to perform the duties assigned.

CJI Kant said that the state government may consider deploying additional staff so that the work pressure is eased.

“In case they are facing hardships, including they being overburdened with their routine duties as well as the additional duties assigned by the Election Commission, the state government can obviate such hardships," the bench noted.

The state governments may consider the "desirability of deputing additional staff at the disposal of the EC so that the working hours can be proportionately reduced", an order issued by the court stated.

The bench said if any employee has any “specific reason” for seeking exemption from the SIR duty, the competent officer of the state government can consider such requests on a case-to-case basis and replace such an employee with another.

"However, it shall not be construed or understood as if they can withdraw the employees who have been assigned the duty if their substitutes are not provided,” it said.

It further said states and the UTs, where the SIR is underway, “shall be obligated to deploy the requisite work force at the disposal of the EC, though the strength of such employees can be increased as explained above."