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2026 Supreme(Online)(Raj) 2118

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN
NITESH KUMAR – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 2437 / 2026



##PAGE1##

[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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[2026:RJ-JD:6682] (2 of 4) [CW-2437/2026]

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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[2026:RJ-JD:6682] (3 of 4) [CW-2437/2026]

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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