The Delhi High Court has held that Booth Level Agents (BLAs) cannot be compelled to furnish personal undertakings certifying the correctness of all particulars in enumeration forms during Special Intensive Revision (SIR) of electoral rolls, limiting their liability under Section 31 of the Representation of the People Act, 1950 to verifying that the photograph on the form matches the identity of the elector. The Court found the requirement arbitrary once the statutory duty of verification was entrusted to Booth Level Officers (BLOs).
Background & Facts
The Dispute
The petitioners, Devender Yadav (former MLA and President of Delhi Pradesh Congress Committee) and the Chairman of the Booth Management Committee of Delhi Pradesh Congress Committee, challenged Clause 9(d)(iv) of the Detailed Guidelines for Special Intensive Revision issued by the Election Commission of India (ECI) on 24 June 2025. The clause required BLAs to submit a list of application forms with an undertaking that they had personally verified the particulars and were satisfied they were correct. The petitioners also sought printed and soft copies of the 2002 electoral rolls and the frozen photo electoral roll to facilitate BLA participation in the SIR process in NCT of Delhi.
Key Facts
- The ECI issued guidelines for Special Intensive Revision (SIR) vide letter/circular dated 24 June 2025
- Subsequently, vide circular dated 14 May 2026, the ECI decided to undertake SIR in various States/Union Territories including NCT of Delhi
- Petitioner no.2, vide letter dated 31 March 2026 addressed to the Chief Electoral Officer, Delhi, raised concerns regarding the requirement of undertaking from BLAs and sought printed and soft copies of the 2002 electoral rolls and Frozen Colour Photo Electoral Roll
- The Chief Electoral Officer, Delhi replied vide communications dated 8 April 2026 and 27 May 2026
- A further representation was made by petitioner no.2 on 23 April 2026
- A meeting with recognised political parties was held on 19 May 2026 wherein these issues were raised
- The petitioners had earlier approached the High Court by way of W.P.(C) 8192/2026, which was disposed of granting liberty to obtain clarification from the Supreme Court
- The petitioners approached the Supreme Court by way of W.P.(C) No. 911/2026, dismissed as withdrawn with liberty to approach the High Court
- The present writ petition W.P.(C) 11278/2026 was filed thereafter
- The Supreme Court in Association for Democratic Reforms v. Election Commission of India (2026 INSC 564) upheld ECI's power to conduct SIR under Section 21(3) RP Act read with Article 324 of the Constitution
Procedural History
- 24 June 2025: ECI issues guidelines for Special Intensive Revision
- 14 May 2026: ECI circular deciding to undertake SIR in various States/UTs including Delhi
- 31 March 2026: Petitioner no.2 writes to CEO Delhi raising concerns
- 8 April 2026: CEO Delhi replies to representation
- 23 April 2026: Further representation by petitioner no.2
- 19 May 2026: Meeting with recognised political parties
- 27 May 2026: CEO Delhi replies; ECI issues modified guidelines
- Prior proceedings: W.P.(C) 8192/2026 filed and disposed with liberty to approach Supreme Court
- Supreme Court: W.P.(C) No. 911/2026 dismissed as withdrawn with liberty to approach High Court
- Present petition: W.P.(C) 11278/2026 filed
- 13 August 2026: Judgment reserved
- 3 September 2026: Judgment pronounced
The Parties' Positions
Petitioners: The BLA's role is only to assist electors in filling enumeration forms and submitting them to BLOs. The information in enumeration forms is within the exclusive knowledge of the elector. The BLO is required to verify information during house-to-house visits. Requiring BLA to give undertaking for all particulars is arbitrary and unreasonable. At most, BLA can verify identity of person submitting form and whether photograph matches.
Respondents (ECI): Under Section 21 RP Act and Registration of Electors Rules, 1960, ECI has plenary administrative powers to order SIR. BLAs are voluntarily appointed by recognised political parties to complement BLOs. The undertaking requirement is part of ECI Standing Instructions and Manual of Electoral Rolls, 2023. Section 31 RP Act was amended to make third persons liable for false information. Undertakings ensure accountability and due diligence for bulk applications. BLA task is voluntary but once appointed, responsibilities must be performed with due responsibility.
Relief Sought
(a) Writ of Mandamus or Certiorari to partially set aside and quash Clause 9(d)(iv) of Guidelines dated 24.06.2025 requiring personal undertaking of BLA for verification of particulars in enumeration forms, and consequently quash Para (i) of Letter/Circular dated 27.04.2026 issued by Respondent no.2. (b) Direction to provide printed and soft copies of Electoral Rolls of 2002 and Frozen Photo Electoral Roll as and when frozen before enforcing SIR in NCT of Delhi.
The Legal Issue
The central question was whether the requirement of a Booth Level Agent (BLA) to give a personal undertaking certifying the correctness of all particulars contained in enumeration forms under Clause 9(d)(iv) of the Detailed Guidelines for Special Intensive Revision is arbitrary and unreasonable, particularly when the statutory responsibility for verification has been entrusted to Booth Level Officers (BLOs).
Arguments Presented
For the Petitioners
Mr. Sakal Bhushan, Senior Advocate, submitted that the modified Guidelines issued by ECI on 14 May 2026 referred to a modified Enumeration Form requiring an undertaking by the BLO (a government officer) that he had verified details from the electoral roll. Responsibility of the BLO was re-emphasised in Clauses 3(g) and 4(b) of Guidelines dated 27 May 2026. Since verification responsibility was placed on the BLO, the BLA (a political party representative) cannot give an undertaking under Clause 9(d)(iv). The information in enumeration forms is exclusively within the elector's knowledge. The BLA can at best verify identity of the person submitting the form and whether the photograph matches.
For the Respondents
Mr. Dama Sheshadri Naidu, Senior Advocate for ECI, submitted that ECI has plenary powers under Section 21 RP Act to order SIR, upheld by Supreme Court in Association for Democratic Reforms v. ECI (2026 INSC 564). BLAs are voluntarily appointed by recognised political parties to complement BLOs and facilitate SIR. The undertaking requirement is part of ECI Standing Instructions and Manual of Electoral Rolls, 2023. Section 31 RP Act was amended to make third persons liable for false declarations. Undertakings ensure accountability and due diligence for bulk applications. The BLA's task is voluntary but once appointed, responsibilities must be performed with due responsibility. Electoral rolls are available online and physical copies can be supplied upon written request with requisite fee.
The Court's Analysis
The Court examined the statutory framework and the Manual of Electoral Rolls, 2023. Section 31 RP Act penalises false declarations in connection with preparation, revision or correction of electoral rolls. The Manual (Chapter 25) explains the concept of BLA as appointed by recognised political parties to complement BLOs. Paragraph 25.2.2 of the Manual specifies BLA responsibilities including giving undertakings for information furnished in Annexure 58 (dead voters) and Annexure 59 (shifted electors) - forms filled by BLAs based on their own verification.
"The Manual provides the format for furnishing list of dead voters (Annexure 58) and format for furnishing list of shifted electors (Annexure 59). The said formats contain a declaration to be given by the BLA stating that the information contained therein is based on proper verification and that the BLA would be liable under Section 31 of the RP Act for making a false declaration."
The Court noted that the petitioners did not challenge the declaration requirement for Annexures 58 and 59, as these forms are filled by BLAs based on their own verification. The dispute centred on the undertaking required under Clause 9(d)(iv) for Enumeration Forms. The Enumeration Form format shows that the BLO is required to verify details from the electoral roll and give an undertaking followed by BLO's signature. Clauses 3(g) and 4(b) of Guidelines dated 27 May 2026 re-emphasise BLO's verification responsibility during house-to-house enumeration.
The ECI's counter affidavit explicitly stated that BLA does not participate in statutory verification or any statutory process related to inclusion or exclusion in electoral rolls - verification is the job of BLO conducting house-to-house verification.
"Once the responsibility of verification and undertaking has been entrusted to the BLOs, there exists no justification for requiring BLAs to furnish personal undertakings certifying the correctness of the particulars in the Enumeration Form. Therefore, in the opinion of this Court, the BLA can only be made liable in terms of Section 31 of the RP Act for information that can be verified by the BLA, i.e. that the photograph on the Enumeration Form matches with the identity of the elector whose Form it is."
The Court distinguished between information BLAs can verify (photograph-identity match) and information exclusively within elector's knowledge (other particulars in enumeration form). The blanket undertaking requirement for all particulars was therefore arbitrary and unreasonable.
Regarding prayer (b), the ECI stated that copies of Electoral Roll of 2002 and Final Roll of 2025 as on 6 January 2025 are available on its website for download. Physical copies can be supplied upon written request subject to payment of requisite fee. Mr. Naidu confirmed that physical copies containing photographs would be provided upon application.
The Verdict
The writ petition was partly allowed. The Court held that Clause 9(d)(iv) of the Detailed Guidelines for Special Intensive Revision is arbitrary and unreasonable to the extent it requires BLAs to give personal undertakings certifying correctness of all particulars in enumeration forms. BLAs can only be made liable under Section 31 RP Act for verifying that the photograph on the enumeration form matches the identity of the elector. The requirement for BLA undertaking for enumeration forms was partially set aside. Prayer (b) was satisfied as ECI confirmed physical copies of electoral rolls with photographs would be supplied upon written request and payment of requisite fee. The pending application was disposed of.
What This Means For Similar Cases
Verification Liability Must Match Statutory Role
The judgment establishes that accountability mechanisms under Section 31 RP Act must align with the actual verification capacity of the functionary. Since BLOs conduct statutory house-to-house verification, BLAs cannot be made vicariously liable for particulars they cannot possibly verify. Practitioners should examine whether procedural requirements impose obligations beyond a functionary's statutory role and factual capacity.
Political Party Representatives Have Limited Accountability
- BLAs appointed by political parties complement BLOs but do not participate in statutory verification
- Their liability under Section 31 extends only to information they can personally verify (photograph-identity match)
- Blanket undertakings covering elector-exclusive information are unenforceable
Access To Electoral Rolls Is A Procedural Right
- ECI must provide physical copies of electoral rolls with photographs upon written request and fee payment
- Online availability does not substitute for physical copies containing photographs
- Political parties can apply for rolls up to the date on which SIR is conducted
Procedural Safeguards In Electoral Revision Must Be Proportionate
- Accountability measures (undertakings) must be proportionate to the functionary's role
- ECI's wide procedural latitude under Section 21(3) RP Act is not unlimited
- Courts will intervene when requirements become arbitrary by exceeding verification capacity
