SC directs deployment of judicial officers for SIR in West Bengal

The Supreme Court on Friday (February 20) ordered that judicial officers, including retired judges, be deployed to ensure that the ongoing special intensive revision (SIR) of electoral rolls in West Bengal is conducted properly.

‘Lack of cooperation between State govt and EC’

Delivering the order, the bench Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipin Pancholi stated that there was a severe lack of cooperation between the state government and the Election Commission (EC).

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“There is an unfortunate blame game of allegations and counter-allegations which shows trust deficit between two constitutional functionaries.. that is the State government and the Election Commission of India. Now the process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list,” stated the bench.

“Most of the persons to whom notices were issued have submitted their documents in support of their claim for inclusion in the voter list. These claims are required to be adjudicated in a quasi-judicial process by the EROs," it added, as quoted by the Bar and Bench.

‘Will request Chief Justice of Calcutta HC’

It further stated that it had no other option but to get the state judiciary, including retired judges, involved in the process to ensure the completion of SIR in the state.

The Bench said that it would request the Chief Justice of the Calcutta High Court to spare some serving judicial officers for the process.

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"In order to ensure fairness in adjudication of genuineness of documents submitted and consequent inclusion or exclusion in voter list, we are left with hardly any other option but to request Chief Justice of Calcutta High Court to spare some serving judicial officers along with some former judicial officers in the rank of ADJ or District judges who can then in each district aid in dispose or revisit the claims under the logical discrepancy list. Each officer shall be assisted by the ECI and officials of the State government deputed to assist in the duty,” it added.

‘May affect regular court proceedings'

The top court further stated that the move to involve serving judicial officers may affect regular court proceedings since the judges themselves may be roped in for the SIR exercise.

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The bench also urged the state government to cooperate with the Calcutta High Court in this regard. "Please cooperate with the High Court. Please create an environment for them to function. Imagine what will happen if the SIR process is not completed. Then what happens?" stated the bench.

Following EC’s submission that it would publish the first electoral roll of whatever names that have been processed and publish the rest in a supplementary roll, the bench recorded in its order that whatever has been processed should be published on February 28 and the rest be published as a supplementary roll.