Supreme Court Takes Firm Stand on West Bengal Voter Roll Revision
The Supreme Court of India has delivered a clear and unequivocal message regarding the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal. Amidst concerns raised by Chief Minister Mamata Banerjee about potential "mass exclusion" of eligible voters, the apex court has declared that it will not permit any obstacles to this critical democratic process.
Judicial Bench and Key Statements
A three-judge bench, led by Chief Justice Surya Kant and including Justices Joymalya Bagchi and N V Anjaria, heard a batch of petitions related to the SIR exercise. The bench explicitly stated its intention to issue any necessary orders or clarifications to ensure the process proceeds smoothly. "We will not allow anyone to create any impediment in the SIR exercise. It must be clear to the states," Chief Justice Surya Kant emphasized during the hearing.
Election Commission's Allegations and Police Response
The bench took serious note of an affidavit submitted by the Election Commission of India, which alleged that some miscreants had burned its notices related to the voter roll revision. In response, the court directed the West Bengal Director General of Police to file an affidavit addressing these incidents. The poll panel further reported that no First Information Report had been registered against the perpetrators at that time.
Solicitor General Tushar Mehta, representing the central government, underscored the importance of constitutional adherence, stating, "A message must go that the Constitution of India applies to all states."
State Government's Proposal and Judicial Clarifications
The West Bengal government presented a list of 8,505 Group B officers to the Election Commission, suggesting they could be trained and deployed to assist in the SIR process. The Supreme Court bench clarified that while these officers could be utilized, the final authority for revising electoral rolls rests exclusively with the designated electoral roll officers. The bench specified that the Election Commission would determine the manner of employment and work profiles for these state government officials.
Apprehensions Raised and Interim Directions Issued
During the proceedings, senior advocate Shyam Divan, representing Mamata Banerjee, expressed apprehensions regarding the appointment of micro-observers and the risk of mass exclusion of legitimate voters. "We don't want any mass exclusion," Divan told the bench, highlighting the core concern behind the petitions.
To address these issues and streamline the SIR process in West Bengal, Chief Justice Surya Kant issued a series of interim directions:
- The state of West Bengal must ensure that all 8,555 Group B officers, whose list was submitted, report to the district electoral officers by 5 PM.
- The Election Commission shall have the discretion to replace existing Electoral Registration Officers and Assistant Electoral Registration Officers, utilizing the services of the newly listed officers if found qualified.
- After a brief scrutiny of their biodata, these state government officials may receive one or two days of training to serve as micro-observers.
- The responsibility assigned to micro-observers or state government officials will be solely to assist the Electoral Registration Officers, as the final decision-making authority remains with the EROs.
- Given the induction of new government officials, the scrutiny of documents submitted by affected persons is likely to require additional time. Consequently, the court directed that one extra week beyond February 14 be granted to the Electoral Registration Officers to complete the scrutiny and make decisions.
These directives aim to balance efficiency with fairness, ensuring the voter roll revision is conducted transparently and inclusively, while upholding the integrity of the electoral process in West Bengal.
