Bengal SIR: SC allows Jharkhand, Odisha judicial officers for verification

The Supreme Court on Tuesday permitted the chief justice of the Calcutta High Court to deploy additional civil judges with at least three years of experience to expedite verification of claims and objections under the Election Commission’s (EC) Special Intensive Revision (SIR) of voter rolls in West Bengal. The top court also noted that if additional manpower is required, the chief justice can seek serving or retired judicial officers of similar rank from Jharkhand and Odisha.

The directions were issued by a bench led by Chief Justice of India Surya Kant after the Calcutta High Court flagged a shortage of judicial officers to examine over five million objections under the “logical discrepancy” category within the stipulated timeframe.

The high court had indicated that even with 250 judicial officers, the exercise could take around 80 days to complete, reported ANI.

The apex court clarified that apart from officers already assigned, the Calcutta High Court may deploy eligible civil judges. The court also noted that the Election Commission of India (ECI) will bear travel, boarding, honorarium and related expenses.

Can the EC publish the final rolls on February 28?

Yes, the top court allowed the Election Commission to publish West Bengal’s final electoral rolls on February 28, despite the extensive verification process remaining incomplete.

Accepting the poll body’s submission that the SIR can continue until the last date of elections, the bench directed that supplementary electoral rolls be issued on a rolling basis once pending verifications are completed.

Exercising its plenary powers under Article 142 of the Constitution, the court ruled that voters included later through supplementary rolls will be deemed part of the February 28 final roll. The move is aimed at ensuring that the ongoing revision does not disrupt the electoral schedule.

The court also clarified that Aadhaar cards, Class 10 admit cards and passing certificates will be accepted as valid proof if submitted physically or uploaded within the notified window. It placed the responsibility on electoral registration officers and district election officers to demonstrate that documents were received, even if they were not digitised due to portal crashes or heavy traffic.

The SIR exercise has identified multiple “logical discrepancies,” including mismatches in a parent’s name and cases where the age difference between a voter and their parent. District judges have been tasked with resolving such contested cases.

The latest order follows earlier directions by the apex court. Last week, it ordered deputation of district judges to clear pending claims under the “logical discrepancy” category and described the ongoing tussle between the West Bengal government and the Election Commission as “unfortunate”, citing a “trust deficit” and a blame game between the poll body and the Trinamool Congress-led state government, reported PTI.