The
Supreme Court on Monday said it would not allow any impediment to the special
intensive revision of electoral rolls and extended by one week the deadline for
publication of the final voter list in West Bengal. The earlier deadline was
February 14.
The
court said additional time was required for scrutiny of documents submitted in
response to notices issued during the SIR of electoral rolls.
“Since the process of scrutinising documents
submitted by affected persons in response to notices is likely to take more
time, and as suggested on behalf of some of the petitioners, we direct that at
least one week beyond 14 February be granted to electoral registration officers
for completing scrutiny of documents and taking an appropriate decision,” the court
said.
The
court heard the Election Commission’s response to a petition filed by West
Bengal Chief Minister Mamata Banerjee, which challenged the SIR exercise in the
state.
A
bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi
and Vipul M. Pancholi heard the matter.
The
Supreme Court also issued a show-cause notice to the West Bengal Director
General of Police. In an earlier order dated 19 January, the court directed
state police to maintain law and order and assist the Election Commission in
carrying out the revision process.
The
court asked the DGP to file a personal affidavit explaining his conduct and to
respond to allegations that action was not taken on complaints made by the
Election Commission regarding vandalism.
Referring
to submissions made by the petitioners and the Election Commission, the court
said it had been alleged that despite complaints, no FIRs were registered in connection
with the burning of records or other alleged unlawful activities. The state
denied these allegations.
“On behalf of petitioners, reference has been
made to the role of micro observers… ECI has clarified that micro observers
and/or state government officials shall only assist the prescribed statutory
authority in taking the final decision. It is alleged that despite complaints
by ECI, no FIR was being registered against persons suspected of burning
records of objections or other alleged unlawful activities,” the court said.
It added, “Though this is
strongly refuted by the state, we are reminded of our 19 January order, in
which a categorical direction was issued to police authorities to ensure
maintenance of law and order. DGP to file personal affidavit in response to
allegations by ECI.”
The court added that electoral
registration officers must consider all objections received in accordance with
statutory provisions, irrespective of whether individuals appear for personal
hearings, and verify the genuineness of documents submitted.
Chief Justice Surya Kant said
the court would issue any further directions or clarifications required but
would not permit obstruction to the SIR exercise.
“Whatever orders or
clarification required, we will issue. But we will not allow any impediment to
the SIR process. This must be understood by all states,” he said.
The Chief Justice noted that
8,500 officers have been deployed for the exercise and said earlier deployment
could have aided approval.
Senior advocate Abhishek Manu
Singhvi, appearing for the West Bengal government, said the Election Commission
had not requested Group-B officers and had not made any such request to the
state.
The Bengal Chief Minister had
raised concerns before the court regarding a list of 13.6 million voters placed
under scrutiny, saying they risked deletion due to discrepancies such as
spelling variations in surnames or changes in addresses after marriage.
She
also referred to the deployment of more than 8,000 micro-observers by the
Election Commission, stating they were central government officers and alleging
that voter names were being removed without authority.