NEW DELHI: The Supreme Court of India on Friday ordered the deployment of judicial officers, including serving and retired judges, to ensure the smooth conduct of the special intensive revision (SIR) exercise in poll-bound West Bengal, citing a clear lack of cooperation between the state government and the Election Commission of India (ECI).
Ruing the "unfortunate blame game" between the EC and the TMC-led government, a bench of CJI Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi passed the directions after observing that it had to pass the "extraordinary order" due to "extraordinary circumstances."
"There is an unfortunate blame game of allegations and counter allegations which shows trust deficit between the two constitutional functionaries – the state government (West Bengal) and the ECI. Now the process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list," the bench observed.
The top court also permitted the ECI to publish a draft list of voters in the state by February 28 while allowing the panel to also issue supplementary lists later.
While directing the appointment of judicial officers to adjudicate claims and objections in the SIR process in West Bengal, the bench said it had been left with "no option" but to involve the state judiciary, including retired judicial officers, to ensure the completion of the exercise.
The bench observed that there is a "trust deficit" between the West Bengal Govt and the ECI, forcing it to pass these directions.
The court requested the Chief Justice of the Calcutta High Court to make available serving and retired judicial officers of the rank of district judge or above for SIR duties after it took serious note of state government not sparing enough grade 'A' officers for the exercise.
"We are left with hardly any other option but to request the 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 bench said.
Notably, logical discrepancies in progeny linking with the 2002 voter list include instances of a mismatch in the parent's name and the age difference between a voter and their parent being less than 15 years or more than 50 years.
During the hearing, the ECI told the court that it was not being provided adequately qualified officers to ensure the smooth conduct of the SIR exercise. Expressing disappointment with the state government’s response, the court said it was issuing directions under these "extraordinary circumstances."
The bench also directed district collectors and SPs of the state to provide logistical support and security to the judicial officers deputed for the ongoing SIR work while making it clear that orders passed by judicial officers will be deemed as orders of court.
It said judicial officers will be assisted by the poll body's micro-observers and state government officials in the SIR process.
The top court clarified that the directions were issued to ensure fairness in adjudicating the genuineness of documents submitted and the consequent inclusion or exclusion of names from the voters’ list.
The court was hearing a batch of pleas challenging the ECI's electoral roll exercise in the state of West Bengal.