New Delhi: In an unprecedented order, the Supreme Court on Friday directed deployment of serving as well as retired judicial officers to oversee adjudication of claims and objections arising from the ongoing Special Intensive Revision (SIR) of electoral rolls in the poll-bound West Bengal.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipin Pancholi observed that a “trust deficit” between the West Bengal government and the Election Commission of India (ECI) had stalled the SIR exercise at a crucial stage.
“There is an unfortunate blame game of allegations and counter-allegations which shows trust deficit between two constitutional functionaries,” the apex court said.
Noting that thousands of voters who received notices under the “logical discrepancy list” had already submitted documents supporting their inclusion in electoral rolls, the CJI Kant-led Bench stressed these claims now required a fair adjudication.
The Supreme Court said that in view of the “extraordinary circumstances”, it was left with little option but to involve the judiciary to ensure fairness and completion of the revision exercise.
It requested the Chief Justice of the Calcutta High Court to spare serving judicial officers along with retired officers in the rank of Additional District Judge or District Judge to assist in disposal and reconsideration of pending claims across districts.
“In order to ensure fairness in adjudication of genuineness of documents submitted and consequent inclusion or exclusion in voter list, we are left with hardly any other option but to request the Chief Justice of the High Court of Calcutta to spare some serving judicial officers along with some former judicial officers,” the CJI Kant-led Bench ordered.
As per the apex court order, each judicial officer will be assisted by officials deputed by the ECI as well as the West Bengal government. The apex court also allowed publication of the final electoral roll on the scheduled date of February 28 for the portion of the exercise already completed, permitting the ECI to publish supplementary voter lists thereafter.
For smooth completion of the SIR process, the CJI Kant-led Bench directed District Collectors and Superintendents of Police to extend full logistical support to the judicial officers and their teams.
The West Bengal Director General of Police (DGP) was further asked to file a supplementary affidavit detailing steps taken on complaints alleging threats and intimidation faced by officials engaged in the SIR exercise.
During the hearing, sharp exchanges took place between the state government and the poll body over compliance with earlier directions of the top court over deployment of officers for SIR duties.
While senior advocates Kapil Sibal and Menaka Guruswamy, appearing for the West Bengal government, contended that sufficient Group B officers had been provided, senior advocate Dama Seshadri Naidu, representing the ECI, argued that officers competent to discharge quasi-judicial functions as Electoral Registration Officers (EROs) were not made available.
Expressing dissatisfaction over the situation, the CJI Kant-led Bench remarked, “You are not providing competent Group A officers. How can incompetent officials decide the fate of the people?”
It added that there appeared to be “hesitancy on both ends”, observing that judicial officers could help take the process “to a logical conclusion”.
The Supreme Court stressed that cooperation from all stakeholders was essential, cautioning the state government to create an enabling environment for the Calcutta High Court-nominated judicial officers to function effectively.
“Please cooperate with the High Court. Please create an environment for them to function. Imagine what will happen if the SIR process is not completed,” the CJI Kant-led Bench said.
In an earlier hearing, the Supreme Court had issued a show-cause notice to the West Bengal DGP over allegations by the ECI that poll officials faced intimidation and disruption during the revision process, while also directing deployment and training of state government officials to assist Electoral Registration Officers without diluting statutory decision-making powers.
(IANS)
