Special Tribunal Directs Election Commission to Reinstate Congress Candidate's Voter List Entry
In a significant ruling, a special tribunal established following a Supreme Court directive has ordered the Election Commission to add the name of Congress's Farakka candidate, Mahatab Sheikh, back to the voter list. This decision overturns a judicial officer's earlier action to strike his name off the electoral rolls. Sheikh's name was successfully restored later on Sunday, marking the first order issued by a Special Inquiry and Review (SIR) tribunal in West Bengal.
Urgent Hearing and Legal Proceedings
The tribunal's order came after the Supreme Court mandated an urgent hearing for the 58-year-old Sheikh's appeal, with the deadline for filing nominations set for Monday. Sheikh's name had been placed "under adjudication" due to alleged inconsistencies in the details of his late father, Ejabul, who passed away six months ago, leading to its subsequent deletion from the list.
Following the deletion, Sheikh initially approached the Calcutta High Court but was redirected to the Supreme Court. On April 3, he moved the apex court, which ordered a swift resolution of his plea. Subsequently, Sheikh filed an appeal with the tribunal, which was heard by former Calcutta High Court Chief Justice TS Sivagnanam. Justice Sivagnanam is among the 18 retired judges appointed to head the SIR tribunals, and the hearing took place on Sunday at Salt Lake's Bidyut Bhavan.
Documentation and Tribunal's Findings
In his appeal, Sheikh submitted that his name appeared consistently as Mahatab Sheikh on key documents, including his Aadhaar card, passport, driving licence, and his children's birth certificates. Advocates Firdous Shamim and Gopa Biswas represented Sheikh, while Divya Murugesan appeared for the Election Commission.
The tribunal found merit in Sheikh's claims, ruling that all his personal details were in order. Notably, it recognized Aadhaar as a valid document for voter identification. Advocate Shamim highlighted the broader implications, stating, "The tribunal accepting Aadhaar as a primary document will go a long way in helping people who have few documents other than their EPIC and Aadhaar." Interestingly, Sheikh had presented the same documents during his initial SIR hearing, where they were previously rejected.
Key Ruling and Candidate's Response
According to the tribunal proceedings, a notice had been issued due to "factual inconsistencies" regarding the names of the applicant and his father. However, the tribunal ruled that even if such inconsistencies existed concerning the father's name, there was no issue with Mahatab Sheikh's own identity. Consequently, it ordered the immediate restoration of his name to the voter list.
Expressing relief, Sheikh said, "I am an eligible voter, and I knew there was no discrepancy in my name or my documents, which was proven today." He added, "My name was present in 2002 as well. I don't know why I was put under adjudication."
This case underscores the importance of streamlined voter verification processes and sets a precedent for the acceptance of Aadhaar as a primary identification document in electoral matters.
