EC-Appointed Appellate Tribunals in Bengal to Hear Voter Exclusion Appeals
The Election Commission of India has established appellate tribunals in West Bengal, selecting 19 former High Court judges to preside over them. These tribunals will hear appeals against orders issued by judicial officers, specifically addressing both the inclusion and exclusion of voters from electoral rolls.
Scope and Function of the Tribunals
An official clarified that while the appellate tribunals will primarily handle appeals concerning voter-list exclusions, the Summary Revision of Electoral Rolls (SIR) process can also serve as a mechanism for effectively excluding certain voters. If voters' claims are rejected after initial adjudication, they have the right to approach these tribunals for further review.
The tribunals are not limited to merely rectifying exclusions; they possess the authority to adjudicate the fundamental entitlement of individuals to be listed on the electoral roll. Adverse decisions from these tribunals can solidify removals from the final electoral roll, making the exclusion permanent.
Challenges and Complaints Process
Even voters whose names are already on the electoral rolls can face challenges if someone raises doubts and lodges a formal complaint with the tribunal. This procedure is similar to using Form 7 to exclude names, as explained by a senior official. Voters in any constituency can file complaints if they possess knowledge of "outsiders" in their assembly constituency who are also registered elsewhere.
However, these voters must substantiate their claims with concrete evidence, the official emphasized. Additionally, the Election Commission itself can initiate tribunal proceedings if individuals have been erroneously enrolled as voters.
Review of Claims and Legal Criteria
The tribunals will meticulously review individual claims and objections filed by persons whose names were deleted during the SIR process. "If the tribunal is satisfied that the applicant does not meet the legal criteria—such as authenticity of progeny-linkage, age, residence, or other documentary requirements—it can confirm existing exclusions or even order fresh exclusions," the official stated.
Furthermore, a judicial exclusion resulting from this process will act as a final screening mechanism. This can permanently keep affected individuals off the voters' list, ensuring the integrity and accuracy of the electoral roll.
Implications for Electoral Integrity
The establishment of these tribunals underscores the Election Commission's commitment to maintaining a clean and accurate electoral roll. By involving former High Court judges, the process gains judicial rigor and credibility. This move aims to address potential discrepancies and ensure that only eligible voters participate in the democratic process, thereby upholding the principles of fair and transparent elections in West Bengal.
