Big SC order on West Bengal SIR amid ‘trust deficit’ between ECI and Mamata govt

The Supreme Court said with “extraordinary circumstances” prevailing in West Bengal with regard to SIR, it is left with little option but to involve the judiciary to ensure the electoral revision exercise is completed and in a fair manner.

Big SC order on West Bengal SIR amid ‘trust deficit’ between ECI and Mamata govt

File image of the Supreme Court of India (IANS photo)

Pointing out a ‘trust deficit’ between the Election Commission of India and the Government of West Bengal, the Supreme Court of India on Friday issued an unprecedented order in connection with the ongoing SIR exercise in the state.

The apex court stated that with “extraordinary circumstances” prevailing in West Bengal with regard to SIR, it is left with little option but to involve the judiciary to ensure the electoral revision exercise is completed and in a fair manner.

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The court, in its order, stated that serving as well as retired judicial officers be deployed in West Bengal to supervise the adjudication of claims and objections arising from the Special Intensive Revision (SIR) of electoral rolls exercise.

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A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipin Pancholi noted that the SIR exercise in poll-bound West Bengal was at a crucial stage and the “trust deficit” between the ECI and the state government had literally stalled it.

“There is an unfortunate blame game of allegations and counter-allegations which shows trust deficit between two constitutional functionaries,” the SC bench observed.

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The SC batted for a fair adjudication of cases of voters who had been served notices under the “logical discrepancy list” and had already submitted documents to get their names included in the electoral rolls.

“In order to ensure fairness in adjudication of genuineness of documents submitted and consequent inclusion or exclusion in voter list, we are left with hardly any other option but to request the Chief Justice of the High Court of Calcutta to spare some serving judicial officers along with some former judicial officers,” the court ordered.

According to the court order, officials deputed by the ECI and the state government will assist judicial officers.

The court further permitted the ECI to publish on the scheduled date of February 28 the final electoral roll for the portion of the SIR already completed. Once the remaining “logical discrepancy” cases are disposed off, the ECI will be allowed to come out with supplementary voter lists.

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The SC has also issued directions to District Collectors and Superintendents of Police to extend full logistical support to the judicial officers and their teams.

The West Bengal Director General of Police (DGP) has also been asked to file a supplementary affidavit and explain the steps taken on complaints alleging threats and intimidation faced by officials engaged in the SIR exercise.

In an earlier hearing, the Supreme Court had issued a show-cause notice to the West Bengal DGP after the ECI alleged that poll officials were facing intimidation and disruption during the SIR exercise.

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