Supreme Court Demands Report on Non-Operational West Bengal Electoral Tribunals
The Supreme Court of India took decisive action on Monday, ordering an immediate report from the Chief Justice of the Calcutta High Court regarding the concerning non-functioning status of special tribunals established to hear appeals against voter name deletions from electoral rolls. This urgent directive came after senior advocate Devadatt Kamat brought the tribunals' operational failures to the court's attention, just days before West Bengal's crucial assembly elections.
Critical Deadlines Loom as Tribunals Remain Inactive
West Bengal is scheduled to hold its assembly elections in two phases, with voting set for April 23 and April 29. In a significant order issued on April 13, the Supreme Court had mandated that deleted voters from constituencies voting in the first phase could participate in the polls if the tribunals cleared their names by April 21. For the second phase, the deadline was set for April 27.
The establishment of 19 appellate tribunals was intended to provide a swift resolution mechanism, allowing a substantial number of appeals to be processed before these critical deadlines. Successfully cleared names were supposed to be reinstated on the electoral rolls in time for the elections, ensuring democratic participation.
Systemic Failures and Practical Hurdles Reported
However, during Monday's hearing before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, senior advocate Kamat presented a starkly different reality. He submitted that despite the Supreme Court's clear order, the appellate tribunals are effectively non-functional.
The tribunals are reportedly refusing to allow legal representation for appellants and are not accepting physical applications, citing what Kamat described as "practical difficulties." According to his submission, the tribunals are only processing "computer and internet-based applications," creating a significant barrier for many citizens.
"Citizens travelling thousands of kilometres to the tribunals' office in Joka are not being allowed representation. This court's order is not being implemented," Kamat emphatically stated before the bench.
Apex Court's Firm Response and Ongoing Challenges
In response to these serious allegations, Chief Justice Surya Kant announced that a report would be sought from the Calcutta High Court Chief Justice "by today." The CJI also expressed frustration with the procedural delays, remarking to Kamat, "Unfortunately, some professional strategy from this side… Every day, you people one after the other…"
On the ground, the situation remains chaotic. Following the Supreme Court's April 13 order, deleted voters from across West Bengal, particularly from the 152 constituencies voting on April 23, have been flocking to the tribunals' office in Joka to inquire about their appeals. Many are returning without any information regarding whether their names have been cleared or what the status of their appeals might be, leaving them in a state of uncertainty just before the elections.
This development raises serious questions about electoral integrity and access to justice in the lead-up to one of India's most significant state elections. The Supreme Court's intervention underscores the critical importance of functional grievance redressal mechanisms in preserving democratic processes.
