Supreme Court Steps In: Eases BLO Workload Amid Election Duty Deaths

A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that employees deputed by state governments and SECs (State Election Commissions) "are obligated to perform such duties", while adding that state governments should intervene whenever BLOs face difficulties.

The CJI-headed Bench suggested that state governments provide additional staff to the ECI, enabling a proportional reduction in working hours.

"Wherever any employee has any specific reason for seeking exemption, the competent authority shall consider such requests on a case-to-case basis and replace such person with another employee. However, it shall not be construed as if they can withdraw employees if substitutes are not provided," it ordered.

The top court was hearing an application filed by Tamilaga Vettri Kazhagam (TVK), led by actor-politician Vijay, seeking protection of BLOs from coercive action under Section 32 of the Representation of the People Act. In its application filed before the Supreme Court, the Tamil Nadu-based party has flagged 35–40 deaths of BLOs nationwide due to extreme work pressure during the SIR exercise.

Senior advocate Gopal Sankaranarayanan, appearing for the TVK, said: "FIRs under Section 32 have been filed in Uttar Pradesh. Anganwadi workers and teachers are being sent for SIR work before and after their regular duties. One young man was denied leave even for his own wedding, and he committed suicide. This is not how the system should function."

The TVK application detailed multiple suicides across Tamil Nadu, Kerala, West Bengal, Gujarat, Rajasthan, Madhya Pradesh and Uttar Pradesh, attributing them to "unreasonable workloads, intimidation, and threat of criminal action".

Highlighting several cases of suicide and heart attacks allegedly linked to SIR deadlines, the application, filed through advocate Yash S. Vijay, has sought a further extension to March 2026. It contended that the current timeline is "wholly unreasonable" and has led to fatalities, including after the extension was announced by the ECI.

Sankaranarayanan submitted before the bench that "this (SIR-related) is not voluntary work — they cannot withdraw. Section 32 complaints can only be initiated by the ECI. The chilling effect is real".

Senior advocate Kapil Sibal said the pressure on BLOs was "a harsh reality" and questioned why states were being given only 30 days for enumeration in places like Uttar Pradesh, where Assembly elections are scheduled for 2027.

"Why this hurry?" Sibal asked.

Opposing the plea, senior advocate Maninder Singh, appearing for the Election Commission, said the TVK’s application was "baseless", adding that in many cases BLOs were reluctant to perform their duties, forcing the poll body to initiate criminal proceedings.

The CJI Surya Kant-led Bench remarked that while the ECI cannot carry out the exercise without the state governments, the latter too "cannot run away from their obligation".

"If any employee is facing genuine difficulty — illness, pregnancy, or any such reason — the state government can replace them," it clarified.

On BLO deaths, the Supreme Court said that claims for ex gratia compensation may be filed at a later stage and will be considered separately.

- IANS