Booth Level Agents Liable Only for Verifiable Details in Electoral Rolls: Delhi High Court

The Delhi High Court has clarified the legal obligations of political party representatives during voter list revisions, ruling that booth level agents (BLAs) are not accountable for confirming every detail in voter enumeration forms. The court determined that their legal responsibility extends only to information that can be practically checked, such as verifying an elector’s photograph.

What Happened

Justice Amit Bansal delivered the verdict in response to a petition filed by Delhi Pradesh Congress Committee (DPCC) President Devender Yadav and the chairman of the DPCC booth management committee. The petitioners raised a legal challenge against a directive that mandated BLAs of political parties to submit a personal undertaking certifying they had personally checked all details entered in enumeration forms during the Special Intensive Revision (SIR) of electoral rolls.

Addressing the scope of liability under Section 31 of the Representation of the People Act, the court clarified that BLAs cannot be held accountable for verifying all information. Justice Bansal noted that a BLA can only be held liable under Section 31 for verifiable information, specifically confirming that the photograph attached to the enumeration form matches the identity of the elector. Under Section 31, submitting a false declaration regarding the preparation, revision, or correction of an electoral roll carries a penalty of imprisonment of up to one year, a fine, or both.

Key Highlights

• Scope of Responsibility: Booth level agents are not liable for certifying every detail in voter enumeration forms during Special Intensive Revision exercises.
• Verifiable Elements: A BLA’s legal responsibility under Section 31 of the Representation of the People Act is restricted to aspects they can verify, such as ensuring the photograph matches the elector.
• Petitioners’ Challenge: The case was brought forward by DPCC President Devender Yadav and the head of the party’s booth management committee.
• Statutory Conflict Raised: The petition argued that requiring personal undertakings from party agents violates Section 23 of the Representation of the People Act, 1950, which delegates verification tasks to statutory officers like Electoral Registration Officers rather than private individuals.

Why This Matters

The ruling directly addresses the division of responsibilities between statutory election officers and party representatives. As outlined in the petition, neither the Representation of the People Act nor the Registration of Electors Rules gives the Election Commission authority to mandate personal undertakings from political party representatives. Under Section 23 of the 1950 Act, the responsibility for verifying facts before adding names to the electoral roll is legally assigned to Electoral Registration Officers. Imposing that duty on party agents was contested as an unlawful transfer of official statutory functions to private actors.

What to Watch Next

The implementation of the High Court’s ruling will determine how electoral authorities process enumeration forms and interact with political party representatives during the Special Intensive Revision without requiring broad personal liability undertakings from BLAs.

Frequently Asked Questions

What was the Delhi High Court’s ruling regarding booth level agents?

The court ruled that booth level agents of political parties cannot be required to verify all details in enumeration forms during the Special Intensive Revision, limiting their liability under Section 31 to verifiable details like voter photographs.

What is Section 31 of the Representation of the People Act?

Section 31 provides that anyone making false declarations related to the preparation, revision, or correction of electoral rolls can face up to one year of imprisonment, a fine, or both.

Who filed the petition in the Delhi High Court?

The petition was filed by Delhi Pradesh Congress Committee President Devender Yadav along with the chairman of the DPCC booth management committee.

Source: The Hindu