They can't vote this time but....: What Supreme Court said on WB election duty officers deleted from voters list

The Supreme Court on Friday declined to entertain a plea by various persons whose names were struck off the voter list during the special intensive revision (SIR) of the electoral roll in West Bengal, including around 65 election duty officers.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi heard the matter.

The petitioners were represented by Senior Advocate MR Shamshad who told the Court today that many such officers found their names arbitrarily struck off the voter list without any reason.

"These are 65 petitioners who are on election duty. Their duty orders mention EPIC numbers. Now those numbers are deleted. Now the persons conducting elections cannot vote! This is, on the face arbitrary. Many not given reasons," he said.

The Bench, however, told the petitioners to approach the appellate tribunals set up by on the top court's order to hear challenges to to such voter name deletions.

"Make these arguments before the appellate tribunal. Let the tribunal look into it," said CJI Kant.

Justice Bagchi acknowledged that those whose appeals are still pending may not be able to vote for the ongoing Assembly elections in West Bengal. However, they can still press their appeals so that their voter names are eventually restored to the electoral roll, he observed.

"Appropriate orders will be passed by the tribunal .. This election yes perhaps they can't vote. The more valuable right to remain on the rolls shall be preserved," Justice Bagchi said.

Several petitions challenging the SIR exercise in various States are pending before the Supreme Court, since it led to disputes over large scale deletion of names from electoral rolls.

In so far as West Bengal is concerned, conflicts between the Election Commission of India (ECI) and the West Bengal government had prompted the Supreme Court to assign the SIR exercise to judicial officers from West Bengal, Odisha and Jharkhand.

After observing that there was a trust deficit between the ECI and West Bengal government, the apex court had on February 20 ordered deployment of district judges and additional district judges, including the retired judges, for the smooth conduct of the SIR.

Around 900 judicial officers were then engaged for the purpose. As on April 16, these officers decided about 60 lakh objections and around 27 lakh stood excluded from the rolls.

The Supreme Court also directed setting up appellate tribunals to consider cases of those who want to appeal against the decision of the judicial officers. 

Around 19 appellate tribunals were made functional and are hearing appeals against the decision of judicial officers.

On April 13, the top court also ordered that voters in West Bengal who are cleared by appellate tribunals for inclusion in electoral rolls at least two days before the elections, will be entitled to vote in the State Assembly elections.

According to reports, only 136 appeals has so far been decided by the appellate tribunals.

These elections are being held in two phases. One round got over on April 23 (yesterday). A second round of polling is scheduled to be held on April 29.

[Live Coverage]