FIR fears, academic disruption: Unaided schools challenge BLO duty orders for SIR exercise in Bombay HC

4 min readMumbaiJun 17, 2026 10:51 AM IST

The petitioners claimed that BLO duties are primarily restricted to government and semi-government employees. (File Photo)

Private unaided schools and their teachers have approached the Bombay High Court challenging show-cause notices issued by the Election Commission for not reporting for duty as Booth Level Officers (BLOs) as part of the third phase of the Special Intensive Revision (SIR) exercise of the voter list, with the publication of the final electoral roll scheduled for October 7.

The petitioners claimed that BLO duties are primarily restricted to government and semi-government employees. They further contended that such duties “adversely affect the functioning of the schools, education of the students, and teachers’ obligations towards the school.”

They also apprehended “serious coercive steps” through FIRs, as lodged in other cases in the city. The election authorities orally assured the court that nothing would be done at their instance until the matter is heard next.

Earlier this month, at least three FIRs were registered by Mumbai Police against several teachers belonging to aided schools under Section 32 (breach of official duty related to preparation of electoral rolls) of the Representation of the People Act (RPA) and Section 223 (disobedience to order by a public servant) of the Bharatiya Nyaya Sanhita (BNS) for failing to report for BLO duties.

A bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad was hearing pleas filed by Malad Cosmopolitan Education Trust, which manages the private unaided minority schools Children’s Academy at Thakur Complex in Kandivali (East) and at Bachani Nagar in Malad (East), the Unaided School Forum, Marwadi Sammelan and aggrieved teachers.

The pleas sought directions restraining State and Local Electoral Officers from issuing orders compelling staff of private unaided schools to carry out BLO duties under Section 13B(2) of the RPA. In the alternative, they sought a declaration that the provision is “unconstitutional” insofar as it empowers authorities to appoint staff of private unaided schools.

Section 13B(2) empowers an Electoral Registration Officer to employ persons as he or she thinks fit for the preparation and revision of electoral rolls for a constituency.

The pleas also sought directions to set aside the “illegal” appointment orders and show-cause notices issued on June 2 and 4 and, pending the hearing, sought a stay on their implementation.

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The petitioners claimed that the appointment orders and show-cause notices were “contrary to the June 5, 2025 instructions issued by the Election Commission of India (ECI), which restrict appointment of BLOs primarily to government and semi-government employees and permit appointment of others only in exceptional circumstances with prior approval of the Election Commission.”

They also relied on a May 22 order of the HC’s vacation bench, which granted an interim stay and restrained authorities from deploying teachers of private unaided and minority schools for census duties.

The vacation bench, led by Justice Ankhad, had observed that such deployment would “disrupt regular academic activities and impair the right of students to uninterrupted education” and said that the census exercise could be undertaken through government machinery and aided institutions.

Senior advocate Ashutosh Kumbhakoni and advocate Akshay Shinde, appearing for the election authorities, stated on Tuesday that a copy of one of the petitions had not yet been served on the respondents, which the court directed the petitioners to do. After Kumbhakoni orally assured the court that “nothing would be done” at their instance against the petitioners, the HC posted the matter for further hearing on Friday, June 19.

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Similar concerns were raised ahead of the recently concluded Bengal elections. To resist deployment as BLOs, more than 1,000 teachers and non-teaching staff from non-government aided schools wrote to the Chief Electoral Officer of West Bengal seeking exemption from the duty, citing increased workload due to the newly introduced semester examination system in schools.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.

Expertise & Authority

Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.

Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:

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Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).

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