SIR Tribunal orders restoration of Congress candidate’s name in Farakka

Kolkata: In a significant first ruling by the Special Intensive Revision (SIR) tribunal, a bench headed by former Calcutta High Court Chief Justice T. S. Sivagnanam has directed that the name of Congress candidate Motab Shaikh, contesting from Farakka in Murshidabad, be restored to the electoral roll, clearing the way for him to file his nomination.

Motab’s name had been deleted during the SIR process, preventing him from filing nomination despite being the Congress nominee.

The Election Commission of India had published the final electoral roll on February 28, with over 60 lakh voters kept under adjudication. Following directions from the Supreme Court of India, judicial officers began verifying and disposing of the pending records, with supplementary lists being published in phases.

The apex court had also allowed individuals whose names were excluded to approach the tribunal.

Motab faced difficulty after his name was dropped post-adjudication. Although the tribunal had been constituted, it was not operational, preventing him from filing an appeal. He subsequently approached the Supreme Court, which directed an expedited resolution, following which he moved the tribunal. During the hearing, Motab submitted documents including his Aadhaar card, passport, driving licence and his child’s birth certificate, all bearing the name Motab Sheikh.

The tribunal noted that the notice had been issued over an alleged “data inconsistency” involving his father’s name. However, it observed that there was no discrepancy in Motab’s own identity documents and ordered that his name be restored to the supplementary list by 8 pm on Sunday.

Motab had earlier moved the Calcutta High Court, which declined to hear the matter, stating that SIR-related issues were under the Supreme Court’s jurisdiction. He then approached the apex court, particularly as Farakka goes to the polls in the first phase, with the last date for filing nominations set for April 6.

Before the Supreme Court, his counsel argued that his name had existed in the electoral roll since 2002 and highlighted that the tribunal was not functioning. The court then allowed him to approach any tribunal headed by a former Calcutta High Court judge and directed the Election Commission to extend full cooperation.