Happens every time: Supreme Court on Form 6 submissions in West Bengal

Amid protests by the Trinamool Congress over the bulk submission of Form 6 applications by BJP workers, the Supreme Court on Monday said this was not happening for the first time.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi made the observation during the hearing of a batch of petitions challenging the Special Intensive Revision (SIR) of electoral rolls in the State.

"Happens every time, not the first time. You can raise objections," CJI Kant said.

This was after Senior Advocate Kalyan Bandopadhyay submitted that in one instance, a person had submitted 30,000 Form 6 applications.

Form 6 is used to apply for inclusion in electoral roll for the first time or for changing the constituency following shifting of residence.

"Supplementary lists are being published now. the recent ECI notification... allows Form 6.. but Form 6 cannot be allowed when adjudication is going on...now bundles of form 6 coming... I am not blaming any political parties," the senior counsel said.

However, CJI Kant observed that these statements were premature and hypothetical.

"We are not closing the case at all. We will see when the time comes," the Court added.

Senior Advocate DS Naidu, appearing for the ECI, said that the law says that inclusion can be till the last day of nomination.

"It can be anyone who becomes 18 even today. If somebody has a right, nobody can thwart it," Naidu added.

Bandopadhyay then said that new inclusions should be made public for every booth so that objections can be filed.

At this, Justice Bagchi said,

"One is amendment of electoral roll and one is electoral roll which goes for polls. The one which goes for polls is as per the qualifying date given by ECI. So the inclusion of such a person will not give him the right to vote in such an election."

The top court had earlier ordered deployment of judicial officers to ensure completion of the SIR process. Today, CJI Kant said that all objections will be decided by April 7.

"We have received letter from Calcutta HC Chief Justice. We are happy about facts and figures given. Out of 60,000, 40,000 objections decided till last evening. By April 7 all objections will be decided," the CJI said.

When Bandopadhyay said that training was given to judicial officers when it was not even needed, the CJI said,

"Don't raise frivolous allegations. This is an orientation, that's all. Not on merit."

Justice Bagchi added that the judges have been called upon to do something which they have not done before.

"We have no doubt on their impartiality or unbiasedness," the judge added.

Further, the Court noted that the Calcutta High Court Chief justice has identified former chief Justices for the constitution of appellate tribunals to decide appeals.

"We have been updated about disposal of objections by judicial officers besides the proposal to publish the first supplementary list. There is another communication dated March 31 whereby we are informed that till March 31, 36 lakhs objections [have been] decided out of 65 lakhs . Total disposal has crossed 47.40 lakhs. ECI has notified constitution of 19 appellate tribunals. A team of state, ECI and inspected premises for the appellate tribunal to function," it added.

The Court also recorded the ECI's assurance that appellate tribunals will have access to the reasons recorded for exclusion or inclusion of names in the electoral list.

"Appellate tribunal can form their own procedure by following principles of natural justice. We request tribunals not to entertain fresh documents without verifying genuineness of such documents," the Bench added.

The matter will be heard next on April 7. Meanwhile, the Court also ordered listing of a plea seeking inquiry into poll-related violence in the State.

"Subject to curing of defects, let it be listed on date with opportunity to the opposite side to file a counter," it ordered.