New Delhi, Apr 7 — The Supreme Court on Monday refused to fix a deadline for appellate tribunals to decide challenges arising from the exclusion of around 20 lakh names during the special intensive revision (SIR) of electoral rolls in poll-bound West Bengal, citing the need to freeze voter lists ahead of elections.
The Bench said the process of adjudication should not be rushed, even as appeals are expected to run into lakhs. “Tribunals will go on hearing and we do not want to rush it, but we need to freeze the list somewhere,” Justice Bagchi observed, adding that appellate proceedings could take “a month or even 60 days.”
Senior counsel Shyam Divan, appearing for Chief Minister Mamata Banerjee, submitted that out of 60 lakh claims and objections, data from 44 lakh cases showed an inclusion rate of about 55 per cent (24 lakh) and an exclusion rate of 45 per cent (20 lakh). He flagged the high rejection rate, stating, “These were mapped individuals. Almost seven lakh have already filed and several lakh appeals are in process of being filed. Appellate tribunals are yet to be fully operational.”
Representing the state government, senior counsel Kapil Sibal urged interim relief for those “prima facie found to be wrongly excluded,” given the limited time before elections. The Bench, however, maintained that imposing timelines on 19 tribunals would be counterproductive. “Appeal is an adjudicatory process on natural justice… appeals will cross lakhs… 19 tribunals put on a deadline will create chaos,” it said.
The court noted that the tribunals comprise former chief justices and judges, adding, “We will leave it to the appellate tribunals.” It also directed the Chief Justice of the Calcutta High Court to constitute a three-member panel of former senior judges to frame uniform procedures for these bodies.
On a plea that those cleared by tribunals before April 21 be allowed to vote, the Bench did not grant relief. During the hearing, a sharp exchange occurred when senior advocate Kalyan Bandopadhyay remarked that the Election Commission had become the “Exclusion Commission of India,” prompting EC counsel DS Naidu to respond, “Less said the better about you.”
The court also addressed concerns over safety of judicial officers involved in the revision exercise. After viewing a video of a judicial officer expressing fear for her family, the Bench said, “The central forces will not be withdrawn from West Bengal looking at the way things have happened in the recent past.” It warned of further steps if adequate protection was not ensured.
Earlier, the Chief Justice referred to a communication from Calcutta High Court Chief Justice Sujoy Paul indicating that around 60 lakh claims and objections would be decided by Monday evening. The Election Commission informed the court that remaining claims would be disposed of during the day and a supplementary electoral roll would be published by night.
The Bench also asked 88-year-old Suprabuddhe Sen, grandson of artist Nandalal Bose, to approach the appellate tribunal after his name was deleted during the SIR exercise.