The Allahabad high court has observed that government teachers can be assigned election-related duties as booth level officers (BLOs), including work pertaining to preparation, revision, correction of electoral rolls, special intensive review (SIR), etc.
A single judge bench of justice Vinod Diwakar referred to section 27 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which expressly permits the deployment of teachers for election-related duties and that BLO duties fall within this exception. Finding no merit in the petition, the court noted that the preparation and revision of electoral rolls is a statutory function under the Representation of the People Act, 1950. It further observed that Article 324 of the Constitution vests the superintendence, direction and control of elections in the Election Commission of India (ECI). The court also referred to section 13CC of the 1950 Act, under which officers and staff of the state government and local authorities employed in the preparation, revision and correction of electoral rolls are deemed to be on deputation to the Election Commission for that period. Finally deciding the issue, the high court noted that section 27 of the RTE Act expressly permits the deployment of teachers for election-related duties and that BLO duties fall within this exception.
Therefore, finding no ground to entertain the petition, the high court in its judgment dated November 2 dismissed the writ petition.
