Bengal SIR: SC orders forming tribunals to hear voter exclusion appeals

Kolkata: The Supreme Court on Tuesday directed the constitution of appellate tribunals comprising former High Court Chief Justices and retired High Court judges to hear appeals arising from exclusions during the Special Intensive Revision (SIR) of electoral rolls in West Bengal, and said the Election Commission of India (ECI) must act on the recommendations of the Chief Justice of the Calcutta High Court in implementing key aspects of the process.

The court said no new mandatory requirement should be introduced without the approval of the Chief Justice of the High Court.

A Bench led by Chief Justice Surya Kant said the Chief Justice of the Calcutta High Court may request former Chief Justices and two or three retired High Court judges, preferably from the Calcutta High Court or neighbouring States, to serve on the appellate bodies. Once their names are recommended, the ECI will notify them as appellate tribunals to hear appeals against decisions taken during the revision exercise. The Chief Justice will decide the composition and number of such benches.

The court also requested the Chief Justice of the Calcutta High Court to determine the honorarium payable to the retired judges who agree to serve on the tribunals, in consultation with the ECI, which will bear the entire cost.

During the hearing, lawyers for the petitioners raised concerns about the absence of an independent appellate mechanism for persons whose claims are rejected by judicial officers adjudicating objections in the revision process. Another issue raised was the publication of supplementary lists relating to objections that have already been disposed of.

The court said the parties may approach the Chief Justice of the Calcutta High Court on this question and clarified that the ECI should act in accordance with the Chief Justice’s recommendation.

The Bench noted a communication from the Chief Justice stating that 10.16 lakh objections had been disposed of as of the evening of March 9. About 500 judicial officers from West Bengal and nearly 200 from Odisha and Jharkhand have been deployed to handle the exercise.

Around 700 login IDs had been created by March 8 to facilitate deployment and redeployment of officers, particularly in sensitive districts. However, the court was informed that judicial officers were facing certain logistical and technical difficulties.

The court also asked the poll body to promptly resolve technical disruptions in the portal and ensure that additional login IDs are created immediately whenever required by judicial officers. The court further directed the state government to provide all necessary facilities for the exercise.

Meanwhile, TMC national general secretary Abhishek Banerjee called the SC order a victory of Chief Minister Mamata Banerjee’s constant struggle and the party’s relentless fight.