HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN
NITESH KUMAR – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 2437 / 2026
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[2026:RJ-JD:6682]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2437/2026
1. Nitesh Kumar S/o Sumer Singh, Aged About 28 Years,
R/o Benawato Ki Dhani, Narwa Khurd, Nagaur.
2. Ranjeet Fulwa S/o Shri Hiralal Fulwa, Aged About 37
Years, R/o Ward No. 16, Bara Gaon, Baragaon,
Jhunjhunu, Raj.
3. Jitendra Kumar S/o Shri Ranchhor Ji, Aged About 50
Years, R/o Agarpura Colony, Behind Government Collect,
Banswara.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Chief Electoral
Officer, State Election Commission, Secretariat, Jaipur.
2. The District Election Officer (Collector), District Jalore.
3. The District Election Officer (Collector), District Udaipur.
4. The Electoral Registration Officer (SDM), Chitalwana,
Jalore.
5. The Electoral Registration Officer (SDM), Karanpur,
Udaipur.
6. The Electoral Registration Officer (SDM), Bhinder, Udaipur.
7. The ERO-SDM, Vallabhnagar, Udaipur.
8. The Director, Elementary Education, Rajasthan, Bikaner.
9. Chief Education Officer, Panchayat Samiti, Chitalwana,
Jalore.
10. Block Elementary Education Officer, Panchayat Samiti,
Bhinder, Udaipur.
11. The District Education Officer (Elementary), Dist. Udaipur.
----Respondents
For Petitioner(s) : Mr. Rajesh Choudhary
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
05/02/2026
1. The present writ petition has been filed challenging the
impugned order dated 16.12.2025 (Annex.4) whereby the
petitioners No.1, 2 & 3 have been appointed as ‘Booth Level
Officer’ (BLO) for Polling Booth No.34, Government Higher
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Secondary School, Karanpur, Room No.2, Booth No.21,
Government Higher Secondary School, Vallabhnagar, Room No.4
and Booth No.96, Government Upper Primary School, Manderiya,
Room No.2, respectively, whereas the petitioners No.1, 2 & 3 are
not registered elector/voter. They further submit that as per the
instructions of the Election Commissioner of India issued vide
order dated 09.06.2025, a ‘Booth Level Officer’ (BLO) should be a
voter in the polling station where, they are deputed as ‘Booth
Level Officer’ (BLO).
2. In this regard, certain guidelines have been issued by the
Election Commission of India which reads as follows:
“1.1 ERO to appoint a BLO for each part of an electoral
roll, under Section 13B(2) of the Representation of
the People At, 1950, amongst any Group C and
above regular serving employees of state/local
government enrolled as elector in that part.
1.2 In the absence of regular state/local government
employees, ERO may appoint BLO amongst
Anganwadi workers, Contract Teachers, or central
government employees. However, in such cases,
CEO shall obtain a non-availability certificate
(Annexure-I) singed by ERO and countersigned by
DEO.
1.3 In the absence of any employee of categories
mentioned above enrolled as an elector in that
part of electoral roll, ERO with the prior approval
of CEO, may appoint BLO amongst such categories
of employee working in the area covered by that
part of electoral roll.”
3. A reading of the above clause makes out that the employees
who are falling under Group-C category are required to be
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appointed as Booth Level Officer in the booth in which such
employee is registered as an elector. If the officers of Group – C
are not available in the booth then they have to resort to any
other Anganwadi workers, contract teachers or Central
Government employees who are registered as voters in that
particular booth. If the above two category employees are not
found registered as elector in the booth, then any other person
from any other areas can be appointed in that booth, even though
they are not registered as voters in that booth.
4. The petitioners’ claim is that there are employees who are
registered voters in the respective booth for which the petitioners
were appointed. In spite of availability
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