West Bengal Chief Minister Mamata Banerjee is expected to appear in the Supreme Court today, 4 February, in connection with a petition challenging the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of the electoral roll in the state. If she chooses to argue the case herself, she would become the first sitting chief minister in India to personally present oral arguments before the apex court.

The Supreme Court has listed the matter for hearing, where Banerjee has questioned the legality of the special voter list revision exercise carried out by the Election Commission in West Bengal. The case marks a rare instance of a serving chief minister directly participating in judicial proceedings at this level in a legal capacity.

Challenge to Voter List Revision Cites Irregularities

The petition filed by Banerjee raises concerns about the conduct of the special revision process undertaken by the ECI, which is responsible for verifying and updating the voters’ list ahead of elections. The revision process was initiated to ensure accuracy and eliminate ineligible or duplicate entries from the electoral rolls.

Banerjee has contended that the process may unfairly impact legitimate voters in the state, potentially leading to exclusion errors. She has urged the court to examine the grounds on which the special revision was conducted and to assess whether due procedure and transparency were maintained by the Election Commission during the exercise.

The petition seeks judicial intervention to halt or review the ongoing process to prevent any alleged disenfranchisement or procedural irregularities ahead of upcoming elections in the state.

Unprecedented Legal Step by Sitting CM

It is uncommon for a serving head of a state government to directly argue a case in court. If Banerjee represents herself during the hearing, it would be considered a significant moment in the legal and political domain. While politicians often approach courts on matters of public policy or governance, they usually engage legal counsels to argue their cases.

Legal sources indicate that the Constitution allows any individual, including political leaders, to represent themselves in court, provided the court permits it. If allowed, this development could set a notable precedent for the participation of elected officials in judicial proceedings.

Background on the Special Intensive Revision

The Special Intensive Revision is conducted by the Election Commission periodically before elections to ensure the voter lists are updated with current and accurate information. These revisions involve the addition of new voters, deletion of ineligible entries, and correction of voter data through door-to-door verification and other outreach measures.

The exercise typically follows set guidelines and schedules issued by the Election Commission and is coordinated with local election officials across various constituencies. Any deviation or special direction issued outside the standard procedure can become a point of contention if challenged by political parties or stakeholders.

The Supreme Court’s hearing on the matter is expected to address the constitutional validity and administrative fairness of the SIR process in this instance.

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