Bengal SIR: 47 lakh objections resolved, SC sets 7 Apr completion deadline

The Supreme Court on Wednesday expressed optimism over the progress of the Special Intensive Revision (SIR) of electoral rolls in West Bengal, noting that around 47.4 lakh objections out of a total of 60 lakh had been disposed of as of 31 March.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi took note of two communications received from the chief justice of the Calcutta High Court updating the progress of the exercise.

“We are quite happy and very optimistic about the facts and figures,” the CJI said, noting that nearly 1.75 lakh to 2 lakh objections were being adjudicated daily.

The court was informed that the Election Commission has notified the constitution of 19 appellate tribunals, headed by former high court chief justices and judges, to hear appeals relating to inclusion or exclusion from voter lists.

These tribunals are expected to begin functioning shortly, following an orientation programme for members at the Jal Shakti ministry in Kolkata over the next eight weeks.

The CJI directed that the tribunals be granted full access to the poll panel’s records, including the reasons recorded by nearly 700 judicial officers from West Bengal, Odisha and Jharkhand, and emphasised that parties must be provided with these reasons.

The court said the tribunals may evolve their own procedures in line with the principles of natural justice, but cautioned against entertaining fresh documents without verifying their genuineness.

It further directed the Election Commission and the chief electoral officer of West Bengal to ensure timely payment of honorarium and other expenses to judicial officers, tribunal members and staff.

The bench also asked the poll panel to either seek an extension for the current premises housing the tribunals or identify alternative accommodation in consultation with stakeholders.

“By now, total disposal of claims and objections has reached over 47 lakh and the Election Commission has notified the constitution of 19 appellate tribunals in the state. These are headed by former CJs/judges of HC,” the bench recorded in its order.

The appellate tribunals will decide appeals filed by individuals whose names have been excluded from voter lists, as well as by the poll panel authorities against alleged wrongful inclusions.

“The appellate tribunals can develop their own procedure, in accordance with natural justice principles,” the bench said.

It also directed the Election Commission and the chief electoral officer of West Bengal “to release necessary payments to judicial officers and members of the tribunals or other allied staff, if any, in accordance with the recommendations”.

The court noted the information provided by the chief justice of the high court that all pending objections were likely to be adjudicated by 7 April. Keeping this timeline in mind, the CJI posted the pleas, including the one filed by West Bengal chief minister Mamata Banerjee, for further hearing on 6 April.

Senior advocates appearing for petitioners, including those representing the chief minister, raised concerns over a high exclusion rate, claiming it to be around 45 per cent. They also flagged issues relating to fresh applications and alleged procedural irregularities.

The CJI observed that rival parties would inevitably argue for either complete inclusion or exclusion. “Let us allow tribunals to function and deal with exclusions or inclusion in voters’ list,” he said.

The bench, however, termed some of the apprehensions “hyper-technical” and advised parties to raise specific grievances before the appellate tribunals. “Ultimately, you are not remediless,” the CJI remarked.

The top court is hearing a batch of pleas challenging the SIR process in West Bengal.

Earlier, on 10 March, the court laid down a framework for adjudication of claims and objections and directed the setting up of independent appellate tribunals.

On 24 March, the bench had asked litigants to approach the chief justice of the Calcutta High Court for administrative issues, noting that the SIR exercise had proceeded smoothly in most states except West Bengal.

The court had also directed the appointment of judicial officers to handle claims and objections and sought a report from the state police chief on complaints of threats to officials involved in the process.

With PTI inputs