BLO deaths during SIR duty: SC asks states, UTs to provide more staff to EC

Amid deaths of booth level officers (BLOs), some by suicide, allegedly over extreme work pressure in time-bound special intensive revision (SIR) of electoral rolls, the Supreme Court on Thursday (December 4) directed the states and Union Territories to consider deputing additional employees to reduce their working hours.

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

'30,000 can be deployed'

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.

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“Where 10,000 staff (have been deployed), even 30,000 can be deployed,” the Bench said.

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

"They work in the morning, teaching jobs then go to this job, work till 3 AM...a boy who had to go on his wedding, he said please give me leave, they suspended him, he committed suicide ....when you are doing this, at least show the human side...criminal action is harsh, it should not be initiated," he told the court.

Exemption from SIR duty

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

Also read: Hathras BLO dies at home amid SIR work pressure; 3rd such death in 3 days

“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.

The court observed that those deputed for SIR duties are obligated to do. "The employees who have been deputed by the State Governments/State Election Commissions at the disposal of the Election Commission of India for the purpose of performing statutory duties, including SIR, are obligated to perform such duties."

"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."

(With agency inputs)