Madhya Pradesh High Court
Binu Sengar vs The State Of Madhya Pradesh on 10 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:28710
1 WP-28132-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 10th OF NOVEMBER, 2025
WRIT PETITION No. 28132 of 2024
BINU SENGAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shashank Indapurkar - Advocate for the petitioner.
Shri Sohit Mishra- Govt. Advocate for the respondents/State.
ORDER
The petitioners who are working as Aaganwadi Karyakarta in various Anganwadi Centre in District Shivpuri have filed the present writ petition challenging the order, dated 16.08.2024, (Annexure P/1) and 27.08.2024 (Annexure P/1-A) passed by Election Registration Officer whereby they have been assigned duty of Booth Level Officer (BLO) in various places. The petitioners have also prayed for quashing of instructions issued by Election Officer vide order, dated 19.10.2022, (Annexure P/7).
[2]. The issue raised by the petitioners in this case is not new and is often raised by employees working in various institutions being aggrieved by allocation of work of BLO. The Booth Level Officer (in short 'BLO') is the person who plays an important role in preparation and revision of electoral rolls. He is an important link of electoral system. The BLO is appointed by the Electoral Registration Officer under Section 13-B(2) of Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 2 WP-28132-2024 The Representation of People Act, 1950. For ready reference Section 13-B is reproduced as under:
"Section 13B. Electoral registration officers.- (1) The electoral roll for each parliamentary constituency in the State of Jammu and Kashmir or in a Union Territory not having a Legislative Assembly, each assembly constituency and each Council constituency shall be prepared and revised by an electoral registration officer who shall be such officer of Government or of a local authority as the Election Commission may, in consultation with the Government of the State in which the constituency is situated, designate or nominate in this behalf.
(2) An electoral registration officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency."
[3]. The Election Commission of India has issued comprehensive guidelines for appointment of BLO as also laying down the duties of BLO vide memo, dated 04.10.2022 (Annexure R/1). As per this memo, a list of employees who can be appointed as BLO is provided. In Clause 1.2, at Serial No.2, are the Anganwadi workers whereas other category of employees are enlisted below them. In view of the aforesaid guidelines issued by the Election Commission of India, the Additional Chief Election Officer, Bhopal issued an order, dated 09.10.2022, (Annexure P/7) thereby issuing fresh instructions in the matter of appointment of BLO. As provided in the guidelines issued by the Election Commission of India, in the aforesaid order also, the Aaganwadi Workers are placed at Serial No.2 to be appointed as BLO.
[4]. The petitioners are aggrieved by the aforesaid guidelines issued Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 3 WP-28132-2024 by the Election Commission of India as also the order passed by Additional Chief Election Officer whereby they have been directed to be appointed as BLO.
[ 5 ] . The learned counsel for the petitioners submitted that the petitioners are not regular employees of the Government holding civil post but are appointed on contract basis and are being paid honorarium. The petitioners are appointed for a specific Anganwadi Centre and their duties are non transferable. They are required to open the Anganwadi Centre at 9:00 a.m. and work there upto 4:00 p.m. He further submitted that their work in the Anganwadi Centre is of emergency nature while the work of employees placed below them in the list like Panchayat Secretary, Patwari, Amin etc. are not of emergency nature. He further submitted that while working as Anganwadi Workers, the petitioners are required to discharge various types of work in the Centre which includes serving of Mid Day Meals, to provide nutrition to malnutrition child as well as to pregnant ladies. They are also required to provide additional assistance to the local residents in various ways.
[6]. The learned counsel also submitted that as per the instructions issued by Govt., the work in ICDS is required to be discharged on priority basis, however, as a result of allotment of work of BLO to the petitioners, their regular work in the Anganwadi Centres is seriously effected. He also points-out that the Deputy Secretary, Woman & Child Development Department has also issued instructions to the Collectors of all the Districts on 17.11.2022 (Annexure P/6) directing that Anganwadi Workers/Sahayika Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 4 WP-28132-2024 should be kept free from election work. It is his submission that contrary to the instructions issued by Deputy Secretary, the Additional Chief Election Officer, Bhopal has issued impugned order, dated 19.10.2022, thereby directing appointment of petitioners as BLO. The learned counsel thus submitted that the impugned order whereby petitioners have been appointed as BLO, deserves to be quashed.
[7]. On the other hand, respondents' counsel supported the impugned action and submitted that under the provisions of R.P. Act, 1950, the Election Commission as also the Electoral Registration Officer is competent to appoint any category of employees enlisted in the guidelines issued by the Commission for purposes of discharging work of BLO. He also points-out that under Section 159 of R.P. Act, 1951 the District Electoral Officer is competent to appoint Anganwadi Workers as Booth Level Officer. As per his submission, Section 159 explicitly provides that every local authority or any other institution which is wholly or substantially funded by the State Government shall provide its staff for election duty. He thus submitted that no illegality is committed by the respondent no.4 in appointing the petitioners as Booth Level Officer. In support of his submission, he relied upon the Apex Court judgment in the case of Election Commission of India Vs St. Mary's School & others reported in (2008)2 SCC 390 to say that in the similar circumstances where the teachers were deployed for the election work, the action of the respondents in deploying them for election work was upheld by the Apex Court.
[8]. Considered the arguments and perused the record.
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PMNEUTRAL CITATION NO. 2025:MPHC-GWL:28710 5 WP-28132-2024 [9]. Article 51-A of Constitution of India provides for Fundamental Duties of every citizen of India. Article 51-A(d) casts a fundamental duty on every citizen to render national service to the nation. It reads as under:
"54-A. Fundamental Duties.- It shall be the duty of every citizen of India--
xxx xxx xxx (d ) to defend the country and render national service when called upon to do so;"
[10]. Conducting election is an important democratic event and it is the duty of the Election Commission of India to ensure that elections are conducted in a free, fair and transparent manner and the same are conducted smoothly without any hindrances. In order to carry out this democratic even, large number of Officers/Employees of different departments across different cadre of State Government, local bodies etc. are required to be deployed for election duty. Rendering service in the process of election, therefore, cannot merely be categorized as rendering service against a civil post, but is for achieving a much more sacrosanct object. Thus for a civil post holder, to render services, to ensure effective and smooth conduction and conclusion of the process of election, is more important and sacrosanct than merely discharging his duties on the civil post in normal course. That is how, Article 51-A of Constitution of India comes into play which provides that it shall be the duty of every citizen of India to render national service when called upon to do so. Participating and contributing in the effectual and unhindered conduction and completion of election process is akin to rendering national service.
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PMNEUTRAL CITATION NO. 2025:MPHC-GWL:28710 6 WP-28132-2024 [11]. The aforesaid issue came up for consideration before this Court in the case of Dilip Kumar & ors.Vs. State of M.P. & ors. reported in 2015 SCC Online MP 1947. This Court held as under:
"17. Before parting this Court would like to remind the petitioners, who are Professors and Assistant Professors that rendering service in the process of election cannot merely be categorized as rendering service against a civil post, but is for achieving a much more sacrosanct object. Elections are the foundation of democracy in our country, which are required to be conducted periodically so that the people at large can have their representation and say in the process of governance at different levels. This process is not only important but cardinal for the very existence and sustenance of democracy. Democracy has been globally recognized as the best form of governance. Thus for a civil post holder to render services to ensure effective and smooth conduction and conclusion of the process of election is more important and sacrosanct than merely discharging his duties on the civil post in normal course.
18. Article 51A (d) of the Constitution of India provides that it shall be the duty of every citizen of India to render national service when called upon to do so. Participating and contributing in the effectual and unhindered conduction and completion of election process is akin to rendering national service. For convenience and ready reference, the provision of Article 51A (d) of the Constitution of India is reproduced below :-
"51A. Fundamental duties - It shall be the duty of every citizen of India - (d) to defend the country and render national service when called upon to do so."
19. In this view of the matter, the petitioners ought to rise above parochial thinking of heart burning arising out of their posting in election process under an officer of junior rank, status and pay scale and discharge their election duty by treating it to be national service.
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PMNEUTRAL CITATION NO. 2025:MPHC-GWL:28710 7 WP-28132-2024
20. This Court has no manner of doubt that the importance of the process of election being national service can be understood best by the petitioners, who are experts in the field of education in their capacity as Assistant Professors and Professors in their respective subjects."
[12]. Thus, being a national duty, every citizen is expected to be ready to discharge election work as and when it is allotted to him.
[13]. The next question for consideration is as to whether the instructions issued by Deputy Secretary, Women & Child Development Department would prevail over the order passed by respondent no.4 or not ?
[14]. The similar issue was considered by Apex Court in the case o f St. Mary's School (supra), where the teachers were aggrieved by the election duty allotted to them. The Apex Court considered the issue in the context of right of education being a fundamental right which was allegedly hampered because of allotment of election work to teachers. The Apex Court has dealt with the issue in detail, therefore, the observations made therein are extracted hereunder in extenso:
"13. Indisputably, for upholding the democracy and the democratic values, holding of elections is imperative. There cannot also be any doubt or dispute that keeping in view the constitutional mandate provided for under Clauses (1) and (6) of Article 324 of the Constitution of India, the President of India or the Governor of a State i.e. the Central Government as also the State Government have a duty to make available to the Election Commission, or to a Regional Commissioner such staff, as may be necessary for the discharge of functions conferred on the Election Commission by Clause (1) in terms whereof a power of superintendence, direction and control of elections is to be vested in the Election Commission, if request in this regard is made. Article 327 of the Constitution of India empowers Parliament to make laws with respect to all matters relating Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 8 WP-28132-2024 to, or in connection with, elections to either House of Parliament or to either House of the legislature of a State including the preparation of the electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. Parliament with a view to give effect to the said constitutional functions enacted the Representation of the People Act, 1950 (the 1950 Act) and the Representation of the People Act, 1951 (the 1951 Act).
xxx xxx xxx
The 1950 Act
15. Section 13-A of the 1950 Act provides for the designation or nomination of the Chief Electoral Officers, by the Election Commissioner; whereas Section 13-AA provides for designation or nomination of a District Election Officer, who is to be an officer of the Government.
xxx xxx xxx
20. We may, however, notice that prior to enactment of Act 12 of 1998 in terms of Section 159 of the 1951 Act the obligation to make available to any Returning Officer such staff as may be necessary in connection with an election was only confined to the local authority.
21. The question as to whether the staff of State Bank of India could be requisitioned for the purpose came up for consideration before this Court in Election Commission of India v. SBI Staff Assn. [1995 Supp (2) SCC 13] wherein this Court upheld the judgment and order of the Division Bench of the Patna High Court, opining that the officers of State Bank of India cannot be requisitioned in terms of Section 26 of the 1951 Act or otherwise.
22. The constitutional and statutory scheme would lead to a realistic conclusion when emphasis was laid that it is for the Central Government and the State Governments alone to provide for the requisite staff. How would they do it is one thing. It may be by fresh recruitment for the purposes for which the staff are requisitioned or for deployment or by Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 9 WP-28132-2024 way of deputation. Indisputably, there are certain functions which may be performed only by the government staff. For the said purposes they may be sent on deputation e.g. Sections 21 and 22 of the 1951 Act provide for the Returning Officers and Assistant Returning Officers who must be officers of the Government or of a local authority. Therefore, their services can be requisitioned under Clause (6) of Article 324 of the Constitution of India as also Section 159 of the 1951 Act. The Election Commission or the Regional Commissioner, as the case may be, is also entitled to request for requisitioning the services of the persons in the employment of the Government or the local authority and others who may not be officers of the Government or the local authority. The services of other employees who are not officers may also be requisitioned. Parliament was aware that in an election, requisition of services of the employees of the Central Government or the State Governments may prove to be insufficient and, thus, a direction for appointment of the staff from amongst the officers of the local authority and others has been made.
xxx xxx xxx
33. We would, however, notice that the Election Commission before us also categorically stated that as far as possible teachers would be put on electoral roll revision works on holidays, non-teaching days and non-teaching hours; whereas non-teaching staff be put on duty any time. We, therefore, direct that all teaching staff shall be put on the duties of roll revisions and election works on holidays and non-teaching days. Teachers should not ordinarily be put on duty on teaching days and within teaching hours. Non- teaching staff, however, may be put on such duties on any day or at any time, if permissible in law."
[15]. As held by Apex Court, for upholding the democracy and the democratic values, holding of elections is imperative. By virtue of Article 324(1) of Constitution of India a power of superintendence, direction and control of elections has been vested in the Election Commission. Thus, the Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 10 WP-28132-2024 instructions issued by Election Commission or for that matter by respondent no.4 would prevail over the instructions issued by the Department. Further, in view of mandate provided for under Article 324(6) of the Constitution of India, the Central Government as also the State Government has a duty to make available to the Election Commission or to a Regional Commissioner such staff, as may be necessary for the discharge of functions conferred on the Election Commission, whenever request in this regard is made. Article 327 of the Constitution of India empowers Parliament to make laws with respect to all matters relating to, or in connection with, elections to either House of Parliament or to either House of the legislature of a State including the preparation of the electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses. For preparation of electoral rolls, the BLOs plays an important role. The Election Commission or the Regional Commissioner is, therefore, entitled to request for requisitioning the services of the persons in the employment of the Government or the local authority and others who may not be officers of the Government or the local authority.
[16]. The another objection raised by petitioners is that they are not Government servants in the sense that they are not holding any civil post and, therefore, they cannot be requisitioned by Election Commission for discharging election work. The answer to this objection lies in Section 159 of RP Act, 1951, which provides as under:
"159. Staff of certain authorities to be made available for election work.- (1) The authorities specified in sub-section (2) shall, when so requested by a Regional Commissioner Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 11 WP-28132-2024 appointed under clause (4) of Article 324 or the Chief Electoral Officer of the State, make available to any Returning Officer such staff as may be necessary for the performance of any duties in connection with an election.
(2) The following shall be the authorities for the purposes of sub-section (1), namely:--
(i) every local authority;
(ii) every University established or incorporated by or under a Central, Provincial or State Act;
(iii) a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956);
(iv) any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government."
[17]. Thus, by virtue of sub-section 2(iv) of Section 159, apart from the persons in the employment of the Government or the local authority, the Election Commission or the Regional Commissioner is entitled to request for requisitioning the services of persons of any other institution, concern or undertaking which is established by or under a Central, Provincial or State Act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the Central Government or a State Government. From the said provision, it is evident that the Parliament was aware that in an election, requisition of services of the employees of the Central Government or the State Governments may prove to be insufficient and, thus, a direction for appointment of the staff from amongst the officers of the local authority and others has been made. Thus, the petitioners are not Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 12 WP-28132-2024 entitled to claim immunity from been deployed for election work merely because they are not holders of civil post.
[18]. In the case of St. Mary's School (supra) , after referring to various provisions of Constitution of India as also RP Act of 1950 & 1951, the Apex Court held in para 28 that for the purpose of holding of election, the education of children cannot be neglected and, therefore, it is necessary to maintain balance between the two. Keeping into account the same, the Election Commission of India stated before the Court that as far as possible teachers would be put on electoral roll revision work on holidays, non- teaching days and non-teaching hours whereas non-teaching staff be put on duty any time. This has been so noted by Apex Court in para 33 of the judgment.
[19]. Keeping into account the aforesaid, the Election Commission of India recently vide its Circular No.23/BLO/2025-ERS, dated 05.06.2025, has modified its guidelines issued vide circular, dated 04.10.2022, (Annexure R/1). Following are the revised guidelines:
भारत िनवाचन आयोग Election Commission of India No. 23/BLO/2025-ERS Dated 5 June, 2025 To The Chief Electoral Officers, All States & UTs Sub: Appointment of Booth Level Officer - regarding Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710
13 WP-28132-2024 Madam/Sir, I am directed to refer to the Commission's Guidelines No. 23/BLO/2022-ERS dated 4th October 2022, issued with regards to the appointment of Booth Level Officers. In accordance with the directions given by the Hon'ble Commission during the Chief Electoral Officer's Conference held on 23rd May 2025 in New Delhi, it is hereby stated that the instructions contained in paragraphs 1.1, 1.2, 1.3, and 1.4 of the above mentioned guidelines and in paragraphs 5.2.1, 5.2.2, 5.2.3 & 5.2.4 of Manual on Electoral Rolls-2023 stand modified as follows:
1.1 ERO to appoint a BLO for each part of an electoral roll under Section 13B (2) of the Representation of the People Act, 1950, amongst any Group C and above regular serving employees of state/local government enrolled as elector in that part.
1.2 In the absence of regular state/local government employees, ERO may appoint BLO amongst Anganwadi workers, Contract Teachers, or central government employees. However, in such cases, CEO shall obtain a non-availability certificate (Annexure-1) signed by ERO and countersigned by DEO.
1.3 In the absence of any employee of categories mentioned above enrolled as an elector in that part of electoral roll, ERO, with the prior approval of CEO, may appoint BLO amongst such categories of employee working in the area covered by that part of electoral roll.
1.4 In any other case, prior approval from the Commission shall be mandatory.
2. All Chief Electoral Officers are requested for the strict compliance of the above said guidelines of the Commission and to send an ATR by 20th June, 2025 positively.
Yours sincerely, Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:28710 14 WP-28132-2024 (Pawan Diwas) Secretary [20]. The revised guidelines thus takes care of the grievance of the petitioners regarding hinderance being caused to their regular work because of allocation of election work to them. Therefore, instead of quashing the order, dated 16.08.2024, (Annexure P/1) and 27.08.2024 (Annexure P/1-A) passed by Election Registration Officer and the instructions issued by Election Officer vide order, dated 19.10.2022, this petition is disposed of directing the said authorities to strictly adhere to the revised guidelines issued by Election Commission of India vide its circular, dated 05.06.2025, which is produced before this Court by learned Government Counsel and is uploaded on ERP.
(ASHISH SHROTI) JUDGE vpn/-
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/18/2025 5:28:25 PM