SC extends by a week time for scrutiny of claims/objections in West Bengal SIR

The Supreme Court on Monday extended by a week the time for the considering claims and objections in respect of questionable voters that have surfaced in the course of the ongoing conduct of Special Intensive Revision of the electoral rolls in West Bengal and directed the State government to ensure that 8505 of its officer offered by it to the Election Commission of India (ECI) to report to the District Electoral Officer by 5.00 pm Tuesday. .

The court said that the ECI will have the discretion to use these officers, if found suitable.

Advertisement

In a slew of additional directions passed on Monday after more than an hour-long hearing, a bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice N.V. Anjaria also directed the Director General of the State Police to file a personal affidavit relating the to the non-registration of FIRs against the individuals interfering and obstructing the SIR work including the destruction of the material relating to the claims and objections.

Issuing directions, the bench said it would ensure that there are no impediments in the conduct of the SIR. “We will not allow any impediment in the conduct of SIR. This must be clear to all States,” Chief Justice Surya Kant said.

The bench recalled its January 19 order wherein it had instructed the West Bengal Director General of Police, Superintendent of Police of each district, and the Collector to ensure that there are no law-and-order problems at the location where claims and objections are being considered and that the entire activity proceeds smoothly.

Clearing all confusion and doubt as to who will take a final call on the claims and objections, the court made it clear that officers being provided by the West Bengal government including those already working and the micro-observers will only be assisting the Electoral Returning Officer (ERO) – who will take the final decision.

Referring to the two affidavits filed by the Election Commission of India voicing grievance against the West Bengal government, Solicitor General Tushar Mehta said that a message must go that the Constitution applies to all States. Poll panel told the court that it had recommended suspension of certain officers but nothing has been done by the State government.

Asking the West Bengal government to look into the affidavit filed by the Election Commission, the court, however, said that the poll panel will be at liberty to change the officers who are not doing duties as expected.

Referring to the instances where notices have been sent flagging a gap of 50 years in the age of the vote and the grandparent, Justice Bagchi said that these are the ground realities when marriages happen at the age of 20 years.

Stating that the software being used by the ECI was very restrictive, Justice Bagchi said that Kumar is a middle name in Bengali families. He said that in Tapan Kumar Roy, Kumar is a middle name and notices have been sent to those who have mentioned their name as Tapan Roy.

In the last hearing of the matter on February 4, West Bengal Chief Minister Mamata Banejee had appeared personally in the PIL filed by her against the SIR and had sought conduct of State assembly elections scheduled in a few months on the basis of 2025 electoral rolls and withdrawal of notices issued under the “logical di9scripencies” category.

The Court has already reserved judgment in earlier petitions challenging the SIR process nationwide, after the exercise—initially undertaken in Bihar—was extended to several States including West Bengal, Kerala and Tamil Nadu.