'Extraordinary Circumstances': SC Directs Deployment Of Judicial Officers For West Bengal SIR

Kolkata: The Supreme Court on Friday directed the Calcutta High Court to deploy judicial officers or retired judges for the smooth conduct of special intensive revision (SIR) in West Bengal. Calling this an “extraordinary circumstances”, the apex court cited that there is an “unfortunate blame game” between the state government and the Election Commission of India (ECI).

Chief Justice of India Surya Kant called the standoff between the state and the ECI a display of “trust deficit” between two constitutional functionaries. Expressing disappointment, CJI Kant said, “We were expecting cooperation by the state.”

There is an unfortunate blame game of allegations and counter allegations which shows trust deficit between two constitutional functionaries - that is the State government and the Election Commission of India. Now the process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list. Most of the persons to whom notices were issued have submitted their documents in support of their claim for inclusion in the voter list. These claims are required to be adjudicated in a quasi-judicial process by Electoral Registration Officers (EROs).

The apex court stated that it had to pass the “extraordinary order” due to “extraordinary circumstances”. It added that it is “hardly left with any option” but to pass the order to ensure fairness in adjudication of genuineness of documents.

In order to ensure fairness in adjudication of genuineness of documents submitted and consequent inclusion or exclusion in voter list, we are left with hardly any other option but to request Chief Justice of Calcutta High Court to spare some serving judicial officers along with some former judicial officers in the rank of Additional District Judge or District Judges who can then in each district aid in disposal or revisiting of the claims under the logical discrepancy list.

The court stated that each officer deployed by the High Court will be assisted by the ECI and officials of the state government.

Chief Minister Mamata Banerjee has accused the ECI of “targeting” West Bengal on the “eve of elections”, flagging several issues with the SIR and demanding that the elections be conducted based on electoral rolls prepared last year. 

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