BLO Duty Rules: The controversy over the appointment of teachers in West Bengal as Booth Level Officers (BLOs) is gradually increasing. On one hand, there is the directive from the Election Commission, and on the other, the rights and teaching duties of teachers—many teachers are confused in this push and pull. In this blog post, we will discuss in detail the rules and regulations regarding BLO duty, the rights of teachers, and the preparations for a case in the Calcutta High Court on this matter.
Table of Contents
What is the legal basis for BLO appointment?
According to the recent directive of the Election Commission, all teachers must perform BLO duties. The basis for this directive is Section 13B(2) of the Representation of the People Act, 1950. According to this law:
- Regular employees of the state or local government of Group C or above are the first preference for BLO appointment.
- If these employees are not available, then Anganwadi workers, contractual teachers, or Central Government employees can be appointed.
But in reality, this rule is often not followed. Teachers are being appointed outside their own district or where they are not residents of the booth, which is a clear violation of the rules.
Can there be punishment for refusing duty?
Many teachers fear that refusing BLO duty can lead to severe punishment. Section 32 of the Representation of the People Act, 1950, mentions punishment for errors in the preparation of the electoral roll. However, this section is not applicable to refusing duty. Therefore, there is no possibility of direct imprisonment or fine for refusing BLO duty.
How much power does the Election Commission have?
The appointing authority for teachers is the DPSC/DI, not the Election Commission. Therefore, the Election Commission cannot directly punish any teacher. They can only recommend disciplinary action to the concerned authority. That is, the Election Commission does not have the power to dismiss or suspend a teacher’s job.
Teachers’ rights and the impact on education
- Right to Education Act (RTE) 2009: According to Section 27 of this Act, teachers should not be deployed for non-academic work. Exceptions are made only in some cases like the decennial population census, disaster relief, and elections to the Parliament, State, and local bodies. The work of a BLO interferes with the primary teaching responsibilities of teachers.
- Compensation and Leave: For BLO duties, teachers often have to work on holidays. According to labor laws, they should receive compensatory leave or overtime pay for this. But the Election Commission does not take any action in this regard.
- Workload: Numerous tasks like house-to-house surveys, preparing voter lists, verifying applications, and attending meetings create additional pressure on teachers.
Next Step: Legal Battle
A major initiative has been taken on behalf of the teachers against this rule. Preparations are underway to file a case in the Calcutta High Court on this matter. Many teachers are joining this case as petitioners. Now it remains to be seen how far this case goes.
