SC denies voting rights to Bengal voters deleted in SIR
What's the story
The Supreme Court has refused to grant interim voting rights to West Bengal voters whose names were deleted during the Special Intensive Revision (SIR) process and whose appeals are still pending before appellate tribunals. The decision comes as a setback for over 16 lakh people who had appealed against their deletion from the electoral rolls. The court said it was "entirely out of the question" to allow these individuals to vote in upcoming assembly elections without resolving their appeals first.
Legal proceedings
Plea by group of petitioners 'premature': SC
The Supreme Court bench, headed by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, termed a plea by a group of 13 people as "premature." "Since the petitioners (Quaraisha Yeasmin and others) have already approached the appellate tribunals in our considered view, the apprehensions expressed in the petition are premature. If the plea is allowed, then necessary consequences will follow," the bench said.
Allegations raised
Petitioners allege ECI deleting names without due process
The Election Commission of India (ECI) has already frozen the Bengal voter list ahead of the two-phase assembly election later this month. The plea, filed by 13 voters, had alleged that the ECI was deleting names without due process and appeals against these deletions weren't being heard timely. However, senior advocate DS Naidu, representing the ECI, said around 30-34 lakh appeals are pending. "Every tribunal now has over one lakh appeals to handle," the bench said.
Election schedule
West Bengal assembly elections scheduled for April 23, April 29
The petitioners' counsel argued that the ECI failed to issue essential orders to the competent judicial authorities and that the "freezing date" should be extended. "If I'm not allowed to argue, then what is the use? Will these appeals be decided within a timeframe or just kept extending?" the counsel asked. During the hearing, Justice Bagchi noted that when it came to Bengal, the ECI deviated from the process in other states and introduced a new category of 'Logical Discrepancy.'
Electoral integrity
Voting rights integral to democracy, Justice Bagchi says
"The volume at which they have to do, there is a chance of error. If you go through 1000 documents a day, if the accuracy is 70 percent then the activity should be rated as excellent. There will always be a margin of error. We need to have a robust appellate mechanism and a continuing right," Justice Bagchi said. However, the CHI expressed reluctance to entertain the petition. "Better you pursue there (before AT)," he said.