Bengal SIR: SC junks petition challenging ‘logical discrepancy’ category

Kolkata: The Supreme Court on Monday is learnt to have refused to entertain a writ petition challenging the “logical discrepancy” category introduced during the Special Intensive Revision (SIR) of electoral rolls in West Bengal, holding that the issue did not warrant interference under Article 32 of the Constitution.

A bench led by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and Vipul M. Pancholi, reportedly declined to examine the petitioner’s challenge at the threshold. At the outset, the CJI reportedly questioned the maintainability of the plea, observing: “In Article 32, you want us to decide who is your father, your mother, your brother?”

The bench dismissed the petition but granted liberty to the petitioner to submit objections before the competent authorities. In its order, the court said it found no grounds to entertain the writ petition, adding that the petitioner has the right to submit objections, which must be considered strictly in accordance with the law.

The plea had sought a declaration that the application of the “Logical Discrepancy” criteria in the West Bengal SIR was ultra vires Articles 14 and 324 of the Constitution. The petitioner also challenged a notice issued to him under the impugned category.

During the revision process, the Election Commission of India (ECI) placed certain voters under the “logical discrepancy” category over mismatches in details such as spelling variations, parental information, age inconsistencies, and other data irregularities flagged by system-generated algorithms, requiring them to appear for quasi-judicial hearings.

Earlier, on January 19, the court had directed that verification be conducted transparently and without causing stress or inconvenience.

Such a development also comes in the wake of the apex court recently issuing a set of directions to the poll body relating to the SIR process in Bengal. Chief Minister Mamata Banerjee had filed a petition wherein she had raised contentions over the logical discrepancy and the role of micro-observers.