SC Warns States, Tells ECI to Flag Any Intimidation of BLOs During Roll Revision

The Supreme Court resumed its hearing on pleas challenging the Election Commission’s (ECI) decision to conduct Special Intensive Revision of electoral rolls on Tuesday.

The SC took serious note of BLOs and other officials engaged in SIR 2.0 being "threatened" in West Bengal and other states, and asked the Election Commission to bring such instances to its notice or "it will cause anarchy"

The ECI's Special Intensive Revision (SIR) of electoral registers is being obstructed in West Bengal and several other states, according to information presented to the Supreme Court regarding reports that Booth Level Officers (BLOs) are being threatened and intimidated.

Concerned about some state administrations' "lack of cooperation," the Court ordered the ECI to promptly report any incidents in which BLOs are intimidated or officials run into difficulties conducting the SIR exercise. The Bench said, "If such matters are brought before us, we will pass appropriate orders."

The Court called on the ECI to take decisive action to guarantee the smooth operation of the revision process, warning that ignoring the issue could "cause anarchy."

The ECI told the Court during the hearing that if blockage persisted, it could be forced to send "police personnel on deputation" to protect officials and make sure the revision process went smoothly. The Commission emphasised that it has all the constitutional authority required to deal with threats to BLOs and other employees involved in the SIR process.

Furthermore, the top court put the onus entirely on state governments to substitute employees unable to bear the pressure of BLO work. However, the SC refused to let the reported distress of the workforce “hamper” the ongoing second phase of SIR across nine states and three Union Territories.

To reduce the work stress reported by BLO's the court said States could also choose to depute additional employees to strengthen the BLOs’ ranks.

The bench comprising Chief Justice of India Surya Kant and Joymalya Bagchi stated that state employees recruited as BLOs have an obligation to perform their statutory duty of distributing enumeration forms to electors as a part of the SIR.

Justice Bagchi stated that the ECI should approach the States for personnel if needed. Any lack of cooperation from any State government gives the EC the liberty to inform us, according to Justice Bagchi. 

“The ECI has full power to seek the assistance of central forces and can do so; however, the ECI does not want to rush into that,” according to Senior Advocate Rakesh Dwivedi.

Senior advocate Rakesh Dwivedi, appearing for the EC, pointed out that there was no question of BLOs being driven to commit suicides due to stress in West Bengal, as they have to do enumeration work of six-seven houses of 30-35 voters.

Justice Bagchi said it is not desk work and the BLOs have to go door to door, fill the enumeration form and then upload it.

"It is not as simple as it looks," Justice Bagchi observed.

The bench said that it is the state government's duty to "obviate the hardships" of the BLOs.

Additionally, the Supreme Court issued a notice to the ECI and sought a response regarding a plea raising apprehensions about disenfranchisement caused by the SIR process among religious minorities from Bangladesh, who are now settled in West Bengal and are still waiting to receive citizenship certification under the Citizenship Amendment Act (CAA) 2019. 

Senior advocate V Giri, appearing for petitioner Sanatani Sangsad and others, pointed out that the petitioners have alleged violence and threats against BLOs and other officials engaged in SIR work and sought directions to the EC to protect them.