Delhi High Court: Booth Level Agents Responsible Only for Verifiable Elector Details

thelawmonitor
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Delhi High Court: Booth Level Agents Responsible Only for Verifiable Elector Details

The Delhi High Court has ruled that Booth Level Agents (BLAs), designated by political parties for the Special Intensive Revision (SIR) of electoral rolls, are accountable only for the information they can verify. This decision clarifies that BLAs are not responsible for all details in the electoral forms submitted by electors.

Justice Amit Bansal, presiding over the case, stated, “In the opinion of this court, the BLA can only be made liable in terms of Section 31 of the Representation of the People Act for information that can be verified by the BLA, that is, the photograph in the enumeration form matches the identity of the elector.” A comprehensive copy of the order is yet to be released.

This ruling was in response to a petition by Delhi Congress leaders, who contested the Election Commission of India’s (ECI) requirement that BLAs from recognized political parties must provide personal undertakings affirming their verification of the details in enumeration forms during the SIR process. The petitioners included Delhi Pradesh Congress Committee (DPCC) President and former MLA Devender Yadav, along with DPCC Booth Management Committee Chairman Rajesh Kumar Garg.

Yadav and Garg sought directives to supply recognized political parties with both printed and digital versions of the 2002 electoral rolls and the Frozen Photo Electoral Roll prior to the implementation of the SIR in Delhi. They opposed Clause 9(d)(iv) of the ECI’s June 24, 2025 guidelines, which mandates BLAs to submit undertakings confirming their personal verification of application form details and satisfaction with their accuracy.

Furthermore, they contested a communication from April 27, 2026, by the Chief Electoral Officer of Delhi, which reiterated this requirement. The petitioners argued that verifying electoral particulars is a statutory duty assigned to Booth Level Officers (BLOs), Assistant Electoral Registration Officers, and Electoral Registration Officers and cannot be transferred to political party representatives through administrative directives.

They further contended that the requirement lacks statutory support under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, and constitutes an improper delegation of statutory functions to private individuals.

Regarding the electoral rolls, the petitioners emphasized that access to the 2002 roll and the Frozen Photo Electoral Roll is crucial for BLAs to identify discrepancies, duplicates, or relocated electors, and other irregularities during the SIR process. They argued that merely making the 2002 rolls available on the CEO Delhi website does not offer practical access due to challenges related to downloading, network congestion, and internet connectivity.

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