West Bengal SIR | SC directs creation of appellate body as verification exercise continues

Bench pushes back against early challenge to SIR exercise

Guruswamy submitted that only seven lakh claims had been decided out of 63 lakh demonstrations. CJI Surya Kant observed that, on the contrary, over 10 lakh claims had been disposed of. The Bench indicated that the verification exercise was still underway and approaching the Court at this stage appeared premature. CJI Surya Kant warned against questioning the work of judicial officers tasked with examining the claims, observing that “advance petitions send the wrong signal that you do not have faith in the system.”

Guruswamy clarified that the petitioners were not questioning the officers themselves. She pointed out that roughly 48 lakh voters had been “mapped” through earlier electoral rolls, including the 2002 rolls, and urged the Court to ensure that such voters were not excluded while the verification process was ongoing. CJI Surya Kant responded that the purpose of the SIR exercise was to determine genuine voters, noting that those whose eligibility was established before polling would still be able to vote.

Debate over “mapped voters” and supplementary rolls

Banerjee told the Court that the immediate concern was the publication of supplementary electoral rolls, particularly if the verification exercise was not completed in time. Guruswamy also urged the Court not to penalise the 48 lakh mapped voters while the exercise remained ongoing.

Justice Bagchi noted that the Court had already facilitated a large verification exercise involving judicial officers from several states and said the Bench would review the situation closer to the relevant date, if required.

Sankaranarayanan also pointed out that around four lakh claims had been rejected among the objections already decided and submitted that directing all such challenges to the High Court could create a substantial burden.

The Bench indicated that the proposed appellate structure could address such challenges.

Court flags disruptions in voter verification process

Referring to a communication from the Chief Justice of the Calcutta High Court, the Court noted technical disruptions affecting the verification portal. Naidu said the issue was related to login access and assured the Bench that it would be addressed immediately.

Expressing concern over the situation, CJI Surya Kant remarked that “a stage has come where we are doubting the bona fides of both sides.” Naidu reassured the Court that the technical issue would be rectified without delay.

Judicial officers working “day and night”

The Bench recorded that the Chief Justice of the Calcutta High Court had informed the Court that more than 10,00,000 objections had been disposed of as of 9 March.

It further noted that more than 500 judicial officers from West Bengal, along with around 200 officers from neighbouring states, are currently engaged in the verification exercise. According to the report placed before the Court, the officers are working “day and night,” with their leaves cancelled and many working even on Sundays.

Court paves appellate pathway for rejected claims

The Bench issued the following directions to ensure the smooth continuation of the verification exercise:

(i) The ECI was directed to ensure that no mandatory procedural step is introduced that could disrupt the ongoing exercise without the approval of the Chief Justice of the Calcutta High Court.

(ii) The ECI was directed to immediately address technical disruptions in the verification portal and create new login IDs promptly whenever required by judicial officers.

(iii) The West Bengal government was directed to provide all necessary logistical facilities to enable judicial officers to discharge their duties effectively.

(iv) An appellate body was directed to be constituted to hear challenges against rejected claims. The appellate bench will consist of two former High Court judges or sitting High Court judges, as determined by the Chief Justice of the Calcutta High Court, who will also decide the number of such benches required.

(v) The Chief Justice of the Calcutta High Court will determine the honorarium payable to the judges constituting the appellate body. The ECI was directed to bear the entire cost.

(vi) Honorarium will also be fixed for judicial officers assisting in the exercise, including those from neighbouring states.

(vii) Both sides were granted liberty to approach the Chief Justice of the Calcutta High Court regarding the publication of supplementary electoral rolls as the verification exercise progresses.