Apex Court hints at extending deadline for Bengal SIR draft rolls

Kolkata: The Supreme Court on Wednesday indicated that it would not hesitate to extend the deadline for publishing the draft electoral rolls in Bengal if the petitioners challenging the Special Intensive Revision (SIR) process make out a case for such relief.

A Bench led by Chief Justice of India Surya Kant made the observation while hearing a batch of petitions questioning the legality and timing of the SIR exercise in Bengal and Tamil Nadu. The Bengal petitions have been filed by Trinamool Congress MP Dola Sen and West Bengal Congress functionaries Subhankar Sarkar and Mostari Banu.

The petitioners expressed concern over the court posting the Bengal matters for hearing on December 9 — the same date on which the draft rolls are scheduled to be published under the SIR timetable. Responding to the apprehension, the CJI said the court was not constrained by the Election Commission’s calendar.

“If you make out a case, we can direct them to extend the date. Can that date be a ground for the Court to say it has no power? The Court can always say,” the CJI remarked during the brief hearing. Justice Joymalya Bagchi, who is also on the Bench, concurred.

The court directed the Election Commission of India to file its counter-affidavit to the petitions concerning both states. The matters relating to Tamil Nadu will be heard on December 4, while those concerning Bengal have been listed for December 9.

The challenges to the SIR in West Bengal question the rationale behind conducting a fresh intensive revision and allege that the exercise could lead to arbitrary deletions or additions if carried out in haste.

The petitioners have argued that the process lacks adequate safeguards and transparency, and sought judicial scrutiny before any further steps are taken.

The Bench did not express any final view on the merits but made it clear that the Election Commission must respond on record before the court proceeds. The indication that timelines may be adjusted, if warranted, is expected to offer temporary relief to the petitioners who fear that the publication of the draft rolls before the court’s examination could render their pleas infructuous.

The case will be taken up next on December 9.