Justice Sahidullah Munshi 
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Don't know whom to approach: Former Calcutta High Court Justice Sahidullah Munshi on exclusion from West Bengal SIR

"The appellate tribunals that have been constituted are only on paper. There are no guidelines as to how those tribunals can function and what they can do. I do not know whom to approach,” he said.

Debayan Roy

Former Calcutta High Court Justice Sahidullah Munshi has been marked as “not found” in the West Bengal Special Intensive Revision (SIR) exercise despite submitting documents twice and undergoing verification.

Munshi and his family members were not included in the first draft of the rolls.

“What happened with me was after the first SIR notification was out, we submitted all our documents. Me, my wife and my elder son and my son, we submitted our documents to the Booth Level Officer. Our name did not come in the draft SIR. So automatically, you know, we were worried. But then we were told that we can move for verification etc.” Munshi told Bar & Bench.

According to him, he was called to the Entally office where the Election Commission officials conducted a fresh verification exercise.

“We were called at the Entally office where the Election Commission officials conducted an exercise of verification of documents in which I again gave all my documents and we were told that hopefully it will be cleared now,” he said.

However, when the supplementary list was published, his name was marked differently from that of his family members.

“What happened in the supplementary list was automatically the names did not figure and my wife and my son was marked as under adjudication, whereas my name is shown in the supplementary list as not found,” he said.

Munshi said no reasons were communicated to him for the deletion of his name.

“So, I do not know on what ground I can appeal before the appellate tribunal,” he added.

He also flagged the absence of documentation in the process.

“Documents that I have submitted, no receipts were given to me as to what sort of documents were given. So even if they want to decline later that the documents were improper, I do not really know because no receipt was given to me,” he said.

I do not know on what ground I can appeal before the appellate tribunal.
Justice Sahidullah Munshi

At the same time, he emphasised that he had consciously avoided invoking his past office.

“I do not want to submit any sort of documents which says that I was a former High Court judge because I want to be treated at par with common citizens and that is why I submitted all my correct documents, including the passport as well,” he said.

Munshi also questioned the appellate mechanism put in place.

“The 19 appellate tribunals that have been constituted, they are only on paper. There are no guidelines as to how those tribunals can function and what they can do. I do not know whom to approach,” he said.

On remedies, he said that apart from raising a violation of natural justice, there is little clarity.

“Apart from the natural justice violation ground, there are no other grounds on which I can move the appellate tribunal and if the appellate tribunal does not find it fit, then I have to move the High Court under Article 226,” he said.

He further pointed to inconsistencies in the outcome, noting that while his own name has been marked “not found”, his wife and son continue to be shown as “under adjudication” despite all documents being submitted together.

I do not want to submit any sort of documents which says that I was a former High Court judge because I want to be treated at par with common citizens.
Justice Sahidullah Munshi

The Election Commission’s Special Intensive Revision in West Bengal involves a fresh verification of electoral rolls through enumeration, publication of draft rolls and a claims and objections process.

The exercise has also come under scrutiny before the Supreme Court, which has directed that adequate opportunity be provided for verification and objections.

The exercise is now being conducted by judicial officers from three States. This was done based on an order passed by the Supreme Court on February 20 which resorted to such a step citing lack of cooperation between the State government and the Election Commission of India (ECI).

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