West Bengal SIR | Deleted voters outnumber victory margins, petitioners argue
Challenge to the ECI’s Revision of Electoral Rolls in BiharJudges: Surya Kant CJI, Joymalya Bagchi J
A week after the Assembly election results were declared in West Bengal, a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi continued hearing challenges in the Special Intensive Revision (SIR) of electoral rolls in the state. Petitioners linked narrow victory margins in several constituencies to pending disputes arising from the SIR.
No timeline on disposing appeals
Senior Advocate Kalyan Banerjee argued that the margin of victory in at least 31 constituencies was lower than the number of disputed deletions. For instance, he submitted that the losing candidate in a constituency fell short by 862 votes, while 5550 appeals by deleted votes remained under challenge. Justice Bagchi responded that any plea concerning the impact of deletions on election outcomes would require a separate application. “Whatever you want to say about results… requires an independent IA,” he observed.
Banerjee raised concerns over delays in disposal of appeals at the appellate tribunals hearing challenges to deletions from electoral rolls. He referred to the resignation of former Calcutta High Court Chief Justice T.S. Sivagnanam who was appointed to the tribunal to adjudicate appeals of deleted voters. Senior Advocate Menaka Guruswamy submitted that there was a growing apprehension among affected voters that the appeals process could take years. “There is a sense that it will now take over four years,” she said. CJI Surya Kant remarked, “We can only improve further adjudication of appeals.” Justice Bagchi noted that the Court was awaiting a report from the Chief Justice of the Calcutta High Court on the pendency of appeals and the timeline for their disposal.
Senior Advocate D.S. Naidu, appearing for the Election Commission of India, submitted that parties seeking to challenge electoral outcomes had a statutory remedy through election petitions. He added that allegations relating to lapses in the SIR exercise could also be brought to the Court’s notice through appropriate applications. When Banerjee sought a clarification that defects in the SIR process could be raised in election petitions, Justice Bagchi reiterated that parties were already at liberty to move applications concerning subsequent developments after the declaration of results.
Malda incident
The Bench also briefly heard the suo motu proceedings concerning the gherao of judicial officers in Malda. The Court had earlier directed the NIA to take over the investigation of the gherao.
Additional Solicitor General S.V. Raju informed the Court that a fresh status report would be filed on the next date. The Bench directed the NIA to complete the probe expeditiously and preferably within two months, and asked authorities to continue evaluating the threat perception faced by judicial officers and provide protection where necessary.