The Supreme Court of India has granted an extension on the deadline for the scrutiny of claims and objections related to the special intensive revision (SIR) of electoral rolls in West Bengal. This move comes as the court instructs the state’s Director General of Police to submit a personal affidavit in light of allegations concerning the intimidation and obstruction faced by election officials during the process.

The Chief Justice of India, Surya Kant, along with Justices Joymalya Bagchi and N V Anjaria, has mandated that the review period be extended for at least one week past the previously scheduled date of February 14, which was set for the announcement of the final electoral roll.

The Court directed the State to make available to the Election Commission of India Group B officers for SIR duties, who can replace the micro-observers deployed by the Election Commission of India. The Court also clarified that final orders on claims and objections can be passed only by the Electoral Registration Officers (ERO), and that the micro-observers can only assist them.

Clarification on Electoral Registration Officers’ Authority

During the proceedings, the Supreme Court emphasized that the final responsibility for addressing claims and objections lies solely with the Electoral Registration Officers (EROs). The court reiterated that the role of micro-observers, appointed by the Election Commission of India (ECI), is strictly to assist EROs, not to make final decisions. The court highlighted that EROs must consider objections based on the statutory framework, regardless of whether the objector is present for a personal hearing and stated that the authenticity of documents could be verified independently.

Deployment of Group B Officers to Aid the Process

To facilitate the smooth conduct of the SIR, the Supreme Court has directed the West Bengal government to ensure that approximately 8,550 Group B officers report to the district collectors or EROs by Tuesday evening. From this group, the ECI is expected to shortlist officials whose qualifications align with the roles of micro-observers, following a thorough assessment of their experience and background. These officers will be given brief training, with the specifics of their deployment to be determined by the poll panel.

Concerns of Violence and Obstruction Raise Alarm

The court has taken note of serious allegations presented in an affidavit by the ECI, which described incidents of intimidation and hostility, including the burning of election notices by individuals. The Supreme Court has consequently issued a notice to the West Bengal DGP, requiring him to present a personal affidavit regarding these matters. The court has expressed concern over the lack of police action, noting that despite repeated complaints, no formal complaints had been registered relating to the reported violence and arson of objections to the electoral process.

Concerns Over Potential Exclusion of Voters

During the hearing, senior advocate Shyam Divan raised issues on behalf of West Bengal Chief Minister Mamata Banerjee concerning the appointment of micro-observers from outside the state and the risk of mass exclusion of eligible voters. The court acknowledged these apprehensions while reaffirming that the authority to make decisions regarding claims rests exclusively with the EROs.

Legal Challenges and Wider Implications

This legal matter includes petitions from various parties, including the Trinamool Congress, as well as other individuals and organizations contesting the SIR’s execution in West Bengal. Alongside petitions questioning the Election Commission’s categorization of voters, there have been calls for enhanced protection for election officials and for the deployment of state police under ECI oversight. In a recent personal appearance before the Supreme Court, Mamata Banerjee expressed concerns regarding perceived biases against West Bengal in the lead-up to the assembly elections, particularly highlighting the complications arising from name discrepancies due to translations from Bengali and local dialects.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share