Teachers Can Be Deployed as Booth Level Officers for Election Duties, Rules Allahabad High Court in Azra Parveen v. State of U.P.
Case: Azra Parveen and 4 Others v. State of U.P. and 3 Others
Citation: 2026:AHC:226999
Date of Judgment: 02 November 2026
Court: Allahabad High Court
Coram: Justice Vinod Diwakar
Proceedings: Writ-A No. 18007 of 2026
Court Observation
“Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 expressly permits the deployment of teachers for election-related duties, and BLO duties fall within this exception. The submission based on Article 21-A and the RTE Rules is, therefore, misconceived.”
Summary
The Allahabad High Court has held that deploying teachers as Booth Level Officers for election-related work, including the Special Intensive Revision of electoral rolls, does not violate the right to education. Five Assistant Teachers of Junior and Senior Basic Schools in District Saharanpur had sought a direction to detach them from their BLO duties, arguing that their service conditions contained no provision permitting such deployment and that diverting teachers from teaching contravened Article 21-A of the Constitution and the Right of Children to Free and Compulsory Education Act, 2009.
Rejecting the argument, the Court held that Section 27 of the RTE Act itself expressly permits the deployment of teachers for election-related duties, and that BLO duties fall within that exception. The preparation and revision of electoral rolls is a statutory function under the Representation of the People Act, 1950, carried out under the superintendence of the Election Commission of India under Article 324 of the Constitution, and staff so deployed are deemed to be on deputation to the Election Commission under Section 13CC of the 1950 Act. The Court also noted that the petitioners had placed nothing on record to show that their BLO assignment had prejudiced their teaching duties or the education of the children.
Key Holdings
- Section 27 of the Right of Children to Free and Compulsory Education Act, 2009 expressly permits the deployment of teachers for election-related duties, and Booth Level Officer duties fall within this exception.
- The preparation and revision of electoral rolls is a statutory function under the Representation of the People Act, 1950, and Article 324 of the Constitution vests its superintendence, direction and control in the Election Commission of India.
- Under Section 13CC of the Representation of the People Act, 1950, officers and staff of the State Government and local authorities employed in the preparation, revision and correction of electoral rolls are deemed to be on deputation to the Election Commission for that period.
- The petitioners had not shown that their assignment as BLOs had prejudiced their teaching duties or the education of the children.
Background
The five petitioners, Assistant Teachers in Saharanpur district, approached the High Court seeking to be detached from their duties as Booth Level Officers, relying in part on a departmental communication dated 3 September 2012. Finding no ground to interfere in its writ jurisdiction, the Court dismissed the petition.
Related Articles
- Rigid Area Limits Cannot Impinge on a Child’s Right to Education, Rules Bombay High Court
- Internet Access is a Fundamental Right for Children Too, Rules Supreme Court in Just Rights for Children Alliance v. S. Harish
- Electoral bonds aftermath: Voter rights to candidate info under RPA 1951, post-2023 SC strike-down effects on political funding transparency
Judgment Link: Read the full judgment (PDF)
Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.
