The Supreme Court on Monday extended by a week the deadline for publishing the final electoral rolls in West Bengal, even as it warned that no one would be allowed to create impediments in the ongoing Special Intensive Revision (SIR) exercise.
Taking note of staffing shortfalls, software-related discrepancies and law-and-order concerns flagged by the Election Commission, the apex court also directed the state to immediately deploy officers on deputation and made it clear that the revision process must proceed without obstruction.
“Since new set of government officials have been inducted, the process of scrutinising documents submitted by affected persons is likely to take more time and as suggested on behalf of some of the petitioners, we direct that one week more time shall be granted beyond February 14 to the Electoral Registration officer to complete scrutiny and take a decision,” Chief Justice of India Surya Kant said in his order, while instructing the state to ensure that 8,555 Group B officers on deputation to the commission report to the district election officers by 5 pm on Tuesday.
The hearing on the petitions filed by several people including chief minister Mamata Banerjee came up before a bench led by the CJI, comprising Justice Joymalya Bagchi and Justice N.V. Anjaria on Monday.
Mamata who had appeared before the SC during a hearing last week stayed away from Monday’s proceedings.
Justice Bagchi raised the issue of software glitches.
“The ground reality is that with the application of software, notices are being sent on a wider basis. You are saying 50 years is a grand parents age gap. This is how software is working. When marriages happen at 20… These are not ground realities,” Justice Bagchi said.
Justice Bagchi told the EC’s counsel: “You have issued notices to ones who have five-six children. Yes, if 50, yes send them a notice. The tools that you have applied to the software are very restrictive tools. Kumar is a middle name in Bengali households. You have Tapan Kumar Roy. Now you have sent notices when the name is Tapan Roy.”
Senior advocate Shyam Diwan appearing for Mamata Banerjee said more than 50 per cent of “logical discrepancy” category were because of minor spelling mismatches.
“What’s the purpose of name mismatch? It’s to purge voters. This must not be allowed on a mass scale,” Diwan argued.
Diwan said in case of name mismatches, by default the elector should not be excluded from the electoral rolls, though CJI Surya Kant did not agree to issue any direction to the central poll panel on this ground.
“On February 14, there will be a final list. No question of pursuing appellate remedy. Once there is a final roll, notification (for election) follows,” Diwan argued. “We don’t want mass exclusion – that is the sentiment we have. So long as it’s just a minor number, it is a different thing. Computer is a tyrant if the number is huge.”
Like in the previous day's hearing, on Monday too, the counsels for the commission placed before the bench inadequate staff provided by the state, despite Mamata’s assurances.
The state and the Trinamool have objected to deployment of micro-observers for the SIR process.
The apex court directed the commission to scrutinise the experience of the officers provided by the state and shortlist them.
“These state government officers may be imparted brief training of a day or so for providing assistance to EROs/AEROs along with micro observers, who have already been engaged. Responsibility assigned/to be assigned to micro-observers or state government officials shall be to assist EROs/AEROs. Final decision will be taken by EROs only,” Chief Justice Surya Kant said in his order.
The apex court also said it would not allow anyone to create an impediment in the SIR exercise.
"We will not allow anyone to create any impediment in the SIR exercise. It must be clear to the states," the CJI said.
The bench took note of the affidavit filed by the Election Commission (EC) which alleged burning of its notices by some miscreants.
"A message must go that the Constitution of India applies to all states," Solicitor General Tushar Mehta, appearing for the Centre, said.
The Bench had on January 19 held the state’s director general of police responsible for law and order during the SIR process.
The CJI instructed the state DGP to file a personal affidavit on the commission’s plea before the bench that FIRs filed by the poll officials are not being recorded.





