Delhi High Court Questions Election Commission on Legality of Deploying Teachers for Poll Duties

The Delhi High Court on Friday questioned the Election Commission of India (ECI) over its decision to deploy school teachers as Booth Level Officers (BLOs) for the ongoing Special Intensive Revision (SIR) of electoral rolls in the national capital. The court sought to know the legal basis for compelling teachers to carry out election work.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia was hearing a public interest litigation (PIL) challenging the deployment of government, municipal, and government-aided school teachers for BLO and SIR duties. The bench expressed reservations about the commission's reliance on Article 324 of the Constitution, which vests the superintendence of elections in the Election Commission.

“Taking shade of Article 324, you do whatever you like?” the Chief Justice remarked, as quoted by ANI. The court also questioned the commission's claim that teachers were serving as volunteers, noting that those refusing election duties could face disciplinary action.

“Make a statement that this is voluntary, and we will dispose of the petition,” the bench told the commission.

Appearing for the ECI, advocate Sanjay Vashishtha argued that the SIR exercise in Delhi was nearing completion and that only about 10 to 14 per cent of school teachers were eventually engaged for electoral roll revision work. He submitted that the commission derives its power to requisition staff from Section 13B(2) of the Representation of the People Act, and that such powers are exercised sparingly. Vashishtha also said teachers are assigned BLO duties only during holidays and non-teaching hours, in line with the commission's guidelines.

The bench, however, questioned why teachers should have to give up their holidays for election work. “Somebody is not interested in your honorarium or compensation. Can these instructions issued by you be said to be mandatory? Can you say no, no, no, we are compensating, please come. Destroy their holidays? Don't they need rest?” the court asked.

The hearing comes days after the Office of the Chief Electoral Officer (CEO), Delhi, issued a circular on July 23 directing district election authorities to ensure that teachers' academic responsibilities are not affected during the SIR exercise.