47.4 lakh objections resolved in Bengal! On Mamata government’s concern, Supreme Court said – let the tribunal work, next hearing on April 6

New Delhi: The Supreme Court on Wednesday noted the disposal of about 47.4 lakh out of total 60 lakh objections till Tuesday, March 31 under the Special Intensive Revision (SIR) of voter lists in West Bengal and expressed satisfaction at the progress made in the process. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi took cognizance of two letters received from the Chief Justice of Calcutta High Court regarding the progress of the process. “We are very happy with these facts and figures and are very optimistic,” the Chief Justice said.

He noted that around 1.75 lakh to 2 lakh objections are being resolved every day. The court was told that the Election Commission has issued a notification constituting 19 appellate tribunals to hear appeals against the inclusion or deletion of names in the voter list. They will be headed by former Chief Justices and judges of High Courts.

The Chief Justice directed that the tribunals be given full access to the records of the Election Commission, which will also include the reasons filed by 700 judicial officers from West Bengal, Odisha and Jharkhand. He stressed that these reasons should also be made available to the parties. The Court also said that tribunals can decide their procedure in accordance with the principles of natural justice, but they should avoid accepting new documents without examining the authenticity of the documents. The court also directed the Election Commission and the Chief Electoral Officer of West Bengal to ensure timely payment of honorarium and other expenses to judicial officers, members of tribunals and employees. It asked the Election Commission to either request for extension of the period of the existing premises of the tribunals or to make alternative arrangements in consultation with the concerned parties.

“A total of more than 47 lakh (claims and objections) have been disposed of so far and the Election Commission has issued notification for the formation of 19 appellate tribunals in the state,” the bench said in the order. These are headed by former Chief Justices/Judges of the High Courts. The bench said that the Appellate Tribunal will decide the appeals of those whose names have been removed from the voters’ list. Besides, Election Commission officials will also be able to appeal against the alleged wrongful inclusion of names.

“The appellate tribunals may evolve their procedure in accordance with the principles of natural justice,” the bench said. It also directed the Election Commission and the Chief Electoral Officer of West Bengal to “release necessary payments to the judicial officers, members of tribunals and other associated staff, if any, as per the recommendations.” The bench also took note of the High Court Chief Justice’s submission that all pending objections would be decided possibly by April 7. Keeping this in mind, the Chief Justice fixed April 6 for further hearing on related petitions, including Chief Minister Mamata Banerjee’s petition. Senior advocates appearing for the petitioners, including those appearing for the Chief Minister, expressed concern over the rate of deletion of names being very high “around 45 per cent”.

He also raised issues of filing of new applications and alleged procedural irregularities. “Let the tribunals function and adjudicate upon matters of inclusion or deletion of names in the voters’ list,” the Chief Justice said. However, the bench termed some of the apprehensions as “highly technical” and advised the parties to place their specific complaints before the appellate tribunals. “At the end of the day, it is not that you have no remedy,” the Chief Justice said. The top court is hearing a batch of petitions related to the ongoing SIR process in West Bengal.

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