SC tells ECI to publish all names under ‘logical discrepancies’; TMC lauds ‘order’

Kolkata: Ordering the Election Commission (EC) to publish lists of persons who have been served notices citing “logical discrepancies”, the Supreme Court on Monday laid down a detailed set of directions to ensure that the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal is conducted in a transparent manner and “without causing hardship to voters”.

Lauding the SC decision, Trinamool Congress (TMC) said the demands they had raised with the EC were finally acknowledged by the apex court, which issued appropriate directions to ensure no voter is harassed in the name of “logical discrepancies”. The party added that their demand that the EC accept Madhyamik admit cards as valid documents was also acknowledged by the court.

A Bench comprising Chief Justice of India Surya Kant, Justice Dipankar Datta and Justice Joymalya Bagchi was hearing a batch of petitions challenging aspects of the SIR process. The court noted that around 1.25 crore notices had been issued to voters, pointing out discrepancies such as variations in parents’ names or a low-age gap between parents and children.

To bring transparency, the court directed the EC to publish lists of persons who have been served notices citing “logical discrepancies”. These lists are to be displayed at Panchayat Bhavans and Block offices.

Addressing concerns about inconvenience, the Bench clarified that voters who receive notices would be entitled to submit documents or objections through authorised agents, including Booth Level Agents (BLAs), appointed through a letter bearing a signature or thumb impression.

The court also ordered that centres for submitting documents and objections must be set up within the Panchayat or Block offices, instead of requiring voters to travel long distances.

If documents are found unsatisfactory, election officials must grant the affected persons an opportunity of hearing, which can also be attended by their authorised agents. The officials were further directed to certify the receipt of documents or the conduct of hearings, to ensure accountability.

The court also orally asked the EC to consider the Madhyamik admit card as a valid SIR document during hearings.

Senior Advocate Kapil Sibal, appearing for some TMC, argued that spelling variations in common surnames and age-gap assumptions were being mechanically treated as discrepancies, forcing voters to travel hundreds of kilometres. Senior Advocate Rakesh Dwivedi, appearing for the ECI, said instructions had been issued not to flag spelling differences, though cases involving a 15-year or lower age gap were treated as discrepancies.

Questioning this rationale, Justice Bagchi observed that early marriages are not uncommon in India. The court also directed the West Bengal government to provide adequate manpower to the ECI and asked the Director General of Police to ensure that the process proceeds without any law and order issues.

Stressing the human impact, the Bench cautioned that while corrections may be necessary, the exercise must not impose undue stress on ordinary voters.