New Delhi – Approximately 27 lakh of 60 lakh individuals whose claims for inclusion on West Bengal’s electoral roll were initially flagged as “doubtful” may be ineligible to vote in the upcoming assembly polls, following rejections by judicial officers overseeing adjudication.
West Bengal Voter List Adjudication
The electoral roll for the first phase of the Bengal assembly polls, scheduled for April 23, was to be finalized by Monday midnight. The Supreme Court on Monday dismissed appeals from the Bengal government and supporters of the Trinamool Congress (TMC) seeking the inclusion of names of individuals whose appeals against deletion were pending before 19 special appellate tribunals led by retired High Court chief justices and judges.
The Supreme Court stated that the claims had been scrutinized by judicial officers acting as electoral registration officers. The court had previously allowed the inclusion of names cleared by these officers through supplementary lists beyond the final voter list publication on February 28, but declined to extend this to appeals still before the tribunals.
“If the tribunals are asked to adjudicate lakhs of appeals by April 15, it will not only become a crushing burden on the tribunals but also create chaos,” the court said in its ruling, delivered by a bench including Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi.
In addition to the 60 lakh categorized as “doubtful,” another 61.7 lakh names were removed from the roll after being found to belong to deceased individuals, those who had relocated, individuals registered in multiple locations, or those who could not be traced.
The total number of deletions after adjudication stands at approximately 88.8 lakh, representing 11.6% of the electorate at the start of the special intensive revision (SIR). According to Section 23(3) of the Representation of the People Act, 1950, the voter list for the second phase will be frozen on April 9, the last day for nominations.
The Supreme Court acknowledged that the 700-odd judicial officers deployed for the Bengal SIR had completed a significant task by adjudicating over 60 lakh claims.
Advocate Shyam Divan, representing the Bengal government and TMC supporters, argued that approximately seven lakh appeals had been filed, with many more anticipated, and suggested a decision by April 15 to allow inclusion in the final list.
The court explained that it had utilized its extraordinary powers under Article 142 to deploy judicial officers to scrutinize claims and objections, citing a lack of trust between the state and the Election Commission.
Advocate Kapil Sibal proposed that the appellate tribunals be empowered to issue interim directions for the inclusion of voters who had previously voted, pending further review. The Supreme Court decided to leave the procedure for deciding appeals to a committee established by the Chief Justice of the Calcutta High Court.
The Election Commission, through senior advocate D S Naidu, informed the Supreme Court that the necessary infrastructure for the tribunals had been provided, enabling them to function effectively.
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