Devender Yadav & Anr. vs Election Commission Of India & Anr.
- Court
- Delhi High Court
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Judgment reserved on: 13 August, 2026
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Judgment pronounced on: 3 September, 2026
# CNR No. DLHC010362692026
+ W.P.(C) 11278/2026 & CM APPL. 52187/2026
DEVENDER YADAV & ANR. .....Petitioners
Through: Mr. Sakal Bhushan, Senior Advocate
with Mr. Sunil Kumar, Mr. Vasu
Bhushan, Mr. Prateek Kumar Sinha
and Mr. Nipun Bhushan, Advocates
versus
ELECTION COMMISSION OF INDIA & ANR. .....Respondents
Through: Mr. Dama Sheshadri Naidu, Senior
Advocate with Mr. Prateek Kumar,
Mr. Deepak Sharma, Mr. Devansh
Rai, Ms. Shriya Jadhav and
Ms. Anukrati Awasthi, Advocates for
R-1.
Mr. Rajeev Sharma and Mr. Vinayak
Sharma, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
JUDGMENT
AMIT BANSAL, J.
1. The present writ petition has been filed seeking the following reliefs:
“ (a) Writ of Mandamus or Certiorari or any other appropriate Writ or
Direction or Order thereby, to partially Set Aside and quash Clause 9
Sub-Clause d (iv) of the Guidelines dated 24.06.2025 for Special
Intensive Revision (SIR) issued by Respondent no.1 to the extent wherein
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W.P.(C) 11278/2026 Page 1 of 14
the personal undertaking of booth level agents (BLA) is required for
verification of the particulars contained in enumeration forms being
violative of additional/modified guidelines dated 14.05.2026 issued by
the respondent no.1 AND consequently partially set-aside and quash
Para (i) of the Letter / Circular dated 27.04.2026 Issued by Respondent
no.2.
(b) Issue an appropriate writ, order, or direction directing the
Respondents to provide to Petitioners printed and soft copies of the
Electoral Rolls of 2002 and the Frozen Photo Electoral roll, as and when
the same is frozen by the respondents before enforcing SIR in NCT of
Delhi, so as to ensure effective assistance and participation of Booth
Level Agents (BLAS), appointed by Delhi Pradesh Congress Committee,
in the Special Intensive Revision (SIR).”
2. Petitioner no.1 is an ex-member of Legislative Assembly of NCT of
Delhi and currently the President of Delhi Pradesh Congress Committee.
Petitioner no.2 is a Chairman, Booth Management Committee, Delhi
Pradesh Congress Committee.
3. The present writ petition concerns the Special Intensive Revision
(‘SIR’) of electoral rolls in the NCT of Delhi. The respondent no.1/Election
Commission of India (‘ECI’) issued guidelines for the SIR vide a
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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 the NCT of Delhi.
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4. The petitioner no.2, vide letter dated 31 March, 2026 addressed to
the Chief Electoral Officer, Delhi raised concerns regarding, inter alia, the
requirement of an undertaking from Booth Level Agents (‘BLAs’) and
sought printed and soft copies of the 2002 electoral rolls and the Frozen
Colour Photo Electoral Roll for facilitating the participation of BLAs in the
SIR process. The said representation was replied to by the Chief Electoral
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Officer, Delhi vide communications dated 8 April, 2026 and 27 May,
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2026, followed by a further representation dated 23 April, 2026 by the
petitioner no.2. A meeting with recognised political parties was also held on
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19 May, 2026, wherein the aforesaid issues were raised.
5. Thereafter, the petitioners had approached this Court by way of a writ
petition being W.P.(C) 8192/2026. In view of the stiff opposition by the
respondent no.1/ECI with regard to jurisdiction of this Court to entertain the
present writ petition, this Court had disposed of the writ petition while
granting liberty to obtain necessary clarification from the Supreme Court.
6. The petitioners approached the Supreme Court by way of W.P.(C) No.
911/2026, which was dismissed as withdrawn with liberty to approach the
High Court.
7. Accordingly, the present writ petition has been filed.
8. Mr. Sakal Bhushan, senior counsel appearing on behalf of the
petitioner, has drawn attention of the Court to the modified Guidelines
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issued by ECI on 14 May, 2026. The said Guidelines referred to a modified
Enumeration Form (Page 153-154 of the writ petition). In terms of the
Enumeration Form, undertaking is required to be given by Booth Level
Officer (‘BLO’), who is a government officer that he has verified details
from the electoral roll.
9. Responsibility of the BLO has also been re-emphasized in the Clause
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3(g) and Clause 4(b) of the Guidelines dated 27 May, 2026.
10. It is submitted that since the responsibility for verification has been
placed on the BLO, the BLA who is a representative of a political party,
cannot give an undertaking in terms of Clause 9(d)(iv).
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11. A further relief is sought that since the BLA has to assist in the
process of SIR, the BLA should be provided soft copies of the electoral rolls
of 2002 and the frozen electoral roll.
12. Counter affidavit has been filed on behalf of respondent no.1/ECI in
response to the writ petition.
13. In the counter affidavit, it is stated that under Section 21 of the
Representation of People Act, 1950 (‘RP Act’) and the Registration of
Electors Rules, 1960, the ECI has been given plenary administrative powers
to order SIR of electoral rolls. The aforesaid powers of the ECI have been
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upheld by the Supreme Court in its judgment dated 27 May, 2026 in
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Association for Democratic Reforms v. Election Commission of India .
14. BLAs are voluntarily appointed by recognized political parties for
specific polling stations to compliment the BLOs of the respective polling
station and to facilitate the process of SIR. The ECI permitted all registered
political parties to appoint their own BLAs to participate in the process of
SIR in order to dispel any impression carried out by a political party that
their supporters are deliberately being left out by BLOs in a partisan manner.
15. The requirement of BLAs submitting an undertaking while submitting
applications and forms on behalf of the electors is a part of ECI Standing
Instructions and is contained in the Manual of Electoral Rolls, 2023
published by the ECI (‘Manual’).
16. An amendment was carried out in Section 31 of the RP Act to make
third persons liable under Section 31 for false information/statement
furnished in respect of the electors. The undertakings are required so as to
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2026 INSC 564.
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make the BLAs liable for false information furnished. The undertaking is
merely an instrument of accountability initiated to ensure that bulk
applications submitted by recognized political party are preceded by a
reasonable degree of due diligence and personal verification by the persons
submitting them.
17. Insofar as prayer (b) of the writ petition with regard to supply of
electoral rolls is concerned, it is stated that the petitioners are at liberty to
apply for the same in accordance with the prescribed rules and the same will
be duly supplied to the petitioner. The petitioners would be free to apply for
a physical copy of the electoral rolls as well.
18. Mr. Dama Sheshadri Naidu, senior counsel appearing on behalf of
ECI submits that the task performed by BLA of a political party is voluntary.
A political party is not under an obligation to appoint a BLA. Once a BLA
has been appointed by a political party and some responsibilities have been
assigned on the said BLA, it has to be performed with a degree of
responsibility. Hence, the prescribed undertaking is in the nature of checks
and balances imposed by ECI on the BLA.
A NALYSIS AND FINDINGS
19. I have heard the counsel for the parties.
20. The Supreme Court in Association for Democratic Reforms (supra)
has upheld the power of the ECI in conducting the exercise of SIR in terms
of Section 21(3) of the RP Act read with Article 324 of the Constitution of
India. In the said judgment, the Supreme Court has also held that there is a
wide procedural latitude given to the ECI under Section 21(3) of the RP Act
to conduct the exercise of SIR for holding free and fair elections.
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21. The only issue to be examined is whether the requirement of BLA to
give an undertaking in terms of Clause 9(d)(iv) of the ‘Detailed Guidelines
For Special Intensive Revision’ is arbitrary and unreasonable.
22. Section 31 was introduced in the RP Act in the year 1958 and was
amended in the year 1960. For ease of reference, the amended Section 31 of
the RP Act is set out below:
“ 31. Making false declarations. – if any person makes in connection
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll.
a statement or declaration in writing which is false and which he either
knows or believes to be false or does not believe to be true, he shall be
punishable with imprisonment for a term which may extend to one year, or
with fine, or with both. ”
23. The concept of BLA has been explained in Chapter 25 of the Manual
of Electoral Rolls, 2023 (‘Manual’) which is a compilation of the
Directions/Instructions issued by the ECI. The same is set out below:-
“ 25.2 Concept of ‘Booth Level Agent’
In order to enhance participation by the recognised political
parties at grass root level during preparation and revision of
electoral roll, the Election Commission introduced a system of
appointment of Booth Level Agent in November, 2008 on the
pattern of polling agent/counting agent during
polling/counting of votes. The Booth Level Agents are
appointed for specific polling station areas by the recognised
political parties to complement the Booth Level Officers of the
respective polling stations. ”
24. Paragraph 25.2.2 of the Manual provides for responsibilities of a
BLA. The responsibilities as permitted in the Manual which are relevant for
the present controversy are set out below:
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“ 25.2.2 Responsibilities of Booth Level Agent :-
(ii) to house survey or by any other means and present the
list to the Designated Officers / Booth Level Officers
in the prescribed format (Annexure 58 and Annexure
59). They should give an undertaking that the
information furnished by them is on the basis of
verification conducted by them and they are liable for
action under Section 31 of the Representation of the
People Act, 1950 for making false declaration, if any
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(v) Submission of Bulk Applications by Booth Level
Agent:- The Election Commission has allowed a
Booth Level Agent to file not exceeding 10
applications in a day. The Booth Level Agent shall
submit forms to concerned Booth Level Officer along
with a list of application forms and a written
declaration that he has personally verified the
particulars contained in the enclosed application
forms and is satisfied that the same are correct. In
case a Booth Level Agent submits more than 30
application forms during entire period of summary
revision, cross verification must be done personally by
the concerned Electoral Registration Officer/Assistant
Electoral Registration Officer. The political parties
which have not appointed Booth Level Agents cannot
file applications in bulk during revision period. ”
[emphasis supplied]
Subsequently, the limit on the number of Applications submitted by BLAs
was increased from 10 Applications per day to 50 Applications per day.
25. 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 are set out below:-
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26. Both the aforesaid 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 aforesaid declaration is required to be
signed by the BLA.
27. Mr. Bhushan, counsel appearing on behalf of the petitioners submits
that the petitioners do not have any difficulty with the declaration to be
furnished by the BLA in respect of the dead voters or the voters who have
shifted, as these Forms are to be filled by the BLA based on the verification
carried out by him/her.
28. The difficulty of the petitioner is with regard to the undertaking to be
given by the BLA while submitting the Enumeration Forms of the electors to
the BLO. The undertaking to be submitted is prescribed in Clause 9(d)(iv) of
‘Detailed Guidelines For Special Intensive Revision’, which is set out
below:
“ iv. BLA will submit a list for application forms with an undertaking
that he has personally verified the particulars of the application forms
and is satisfied that they are correct. ”
29. The format of the undertaking to be given by the BLA is set out
below:
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UNDERTAKING
To ensure more involvement of political parties, the Election
Commission of India (ECI) has permitted BLA-2 of a Polling
Station to submit not more than 50 Forms/day to the respective
BLO before the Draft Publication, and 10 Forms/day thereafter.
1. Accordingly, I am to submit ________________ number of
Enumeration Forms, as per list attached, as on Date
__________________
2. Further, I undertake that I have personally verified the
particulars mentioned in the Enumeration forms as per list
attached and am satisfied that they are correct.
Encl: As above
Signatures of the BLA-2
(Name of the BLA-2)
Mob No.___________________________________
Polling Station Number _______________________
Assembly Constituency No & Name _____________
Party affiliation _____________________________
To
Sh/Smt ________________________________
BLO for Polling Station Number ____________
Assembly Constituency No & Name _________
30. At this stage a reference may be made to the format of the
Enumeration Form. The same is set out below:-
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31. Mr. Bhushan submits that the information contained in the said
Enumeration Form is in the exclusive knowledge of the elector. The role of
the BLA is only to assist the elector in filling the aforesaid Enumeration
Form and/or submitting the same to the BLO. Therefore, there is no way that
a BLA can authenticate all details given in the said Form. As is evident from
a reading of the aforesaid Enumeration Form, it is the BLO who is required
to verify the information furnished in the said Form and therefore, the
Enumeration Form provides for an undertaking to be given by the BLO
followed by the signature of the BLO. Therefore, the requirement of the
BLA to give an undertaking with regard to veracity of the information
contained in this Form is arbitrary and unreasonable. At best, the BLA can
verify and give an undertaking in respect of the identity of the person
submitting this form and whether the photograph pasted in the Form is that
of the person whose Form it is.
32. As per the Enumeration Form, undertaking is required to be given by
the BLO that he has verified details from the electoral roll. The same is set
out below:
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33. Clauses 3(g) and 4(b) of the Guidelines dated 27 May, 2026 re-
emphasize the responsibility of the BLO. The same are set out below:
“ 3. House to House (H2H) Enumeration:
g. In case an elector has uploaded a form filled in with documents online,
BLO will verify the documents during his visit to the house of the elector.”
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4. Publication of draft roll:
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b. Draft electoral roll shall consist of names of all the existing electors
who have submitted their duly filled Enumeration Form to the BLO during
the H2H enumeration period or which· have been received online and
verified by BLO. Names of other electors, from whom Enumeration Forms
are not received will not be included in the draft roll. ”
34. There is no dispute that a BLA, who is assisting a political party in
furnishing information to the ECI, should be responsible for the veracity of
the statement being furnished by him. Accordingly, insofar as information
given in the Forms provided in Annexure-58 and Annexure-59 of the
Manual are concerned, the BLA would have full responsibility for the same
as the said Forms are being filled by the BLA on the basis of information
gathered by him/her. Similarly, insofar as collection of the Enumeration
Form is concerned, the BLA would be responsible to the extent that the
photograph matches with the identity of the elector as contained in the
Enumeration Form. However, the BLA cannot be made liable for all the
information, which is contained in the Enumeration Form as there is no way
a BLA could be in a position to verify the same. The said information would
be exclusively within the knowledge of the concerned elector.
35. The ECI in paragraph 13 of its counter affidavit has clearly stated that
BLA does not participate in the statutory verification or in any other
statutory process related to inclusion or exclusion in electoral rolls. The
verification of information is the job of the BLO, who conducts house to
house verification.
36. 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
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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.
37. With the aforesaid findings and observations, the writ petition insofar
as prayer (a) is concerned, stands disposed of.
38. Insofar as prayer (b) is concerned, the ECI in its affidavit has clearly
stated that copies of Electoral Roll of 2002 as well as Final Roll of 2025 as
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on 6 January, 2025 is available on its website and can be downloaded. ECI
has also stated that in the event anyone wants to obtain the physical copies,
the same can be supplied upon a written request made for the same, subject
to payment of requisite fee. Accordingly, the petitioners would be free to
apply for physical copies of the electoral rolls up till May, 2026, on the basis
of which the SIR is being conducted and subject to payment of requisite
fees, the same would be supplied to the petitioners.
39. Mr. Bhushan submits that the difficulty with the electoral rolls
available online is that they do not contain the photographs of the electors.
40. Mr. Naidu submits that the in the event the petitioners apply, they will
be provided physical copies of the electoral rolls containing photographs of
the electors which are part of the electoral roll, on which SIR has been
conducted.
41. In view of the aforesaid stand of the ECI, prayer (b) of the writ
petition stands satisfied.
42.
The pending application stands disposed of.
AMIT BANSAL, J
SEPTEMBER 3, 2026
Vivek/-
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