KOLKATA: In its first verdict, an appellate tribunal has recognised a Congress-nominated candidate from Farakka in Murshidabad district as a legal voter, just 17 days before the first phase of the West Bengal Assembly elections scheduled on 23 April. The second phase will be held on 29 April.
With the order of the tribunal, headed by former Chief Justice T S Sivagnanam of the Calcutta High Court, Congress candidate Mohtab Sheikh heaved a sigh of relief on Sunday, a day before 6 April, the last date for submitting nomination papers for the first phase of the polls. Following the directive, he can file his nomination on Monday.
The tribunal on Sunday directed the Election Commission of India (ECI) to include Mohtab Sheikh’s name in the supplementary list by the same night.
Mohtab, a contestant from the Farakka Assembly constituency in the upcoming elections, had landed in trouble after his name did not figure in the supplementary list of voters marked as ‘under adjudication’ by the ECI.
Following directives of the Supreme Court, judicial officers were assigned to verify documents of more than 60 lakh adjudicated voters belonging to ‘logical discrepancy’ and ‘unmapped’ categories after the Commission released the final voters’ list on 28 February, following the Special Intensive Revision (SIR) of electoral rolls in Bengal.
Mohtab could not find his name in the post-SIR final list as he belonged to the ‘logical discrepancy’ category. He became one of the 60 lakh adjudicated voters across the state.
According to the Supreme Court’s directive, voters can move any of the 19 appellate tribunals to retain their voting rights if their names do not appear in the supplementary lists prepared by judicial officers.
Around 50 lakh of the 60 lakh adjudicated voters have been disposed of so far by the judicial officers.
Sources in the Commission said that 45 per cent of the disposed cases have been rejected from the supplementary lists.
The Congress nominee could not move any tribunal earlier due to delays in setting up these bodies at a time when the deadline for filing nomination papers was approaching.
Finding no other option, he moved the apex court seeking intervention. The apex court asked him to approach the tribunal.
Mohtab then moved the tribunal headed by Justice Sivagnanam, the first among the 19 tribunals across the state, located at Bijan Bhaban in Salt Lake.
Lawyer Firdous Shamim and lawyer Gopa Biswas represented him before the tribunal, while Commission lawyer Dibya Murugesan appeared during the hearing.
Mohtab was placed in the ‘logical discrepancy’ category due to inconsistencies between his name and that of his father.
The tribunal observed that there was no discrepancy in Mohtab Sheikh’s name, although his father’s name had some inconsistencies.
“My name Mohtab Sheikh was figured in every document like Aadhaar Card, Passport, driving licence and his son’s birth certificate. Despite these proofs, I lost my eligibility as a voter in the supplementary list. Not it is solved,” he told the media.
Meanwhile, several retired judges appointed to the tribunals have reportedly raised concerns over inadequate facilities at the proposed tribunal offices, creating uncertainty over when they will become fully functional.
Around 20 to 24 lakh voters, whose names do not appear in the supplementary lists, are awaiting recourse to these tribunals as a last attempt to restore their voting rights.
Around three days ago, a virtual training session for 19 retired judges was conducted through the Calcutta High Court and attended by Chief Justice Sujoy Paul and other senior judges.
Sources said a section of judges raised concerns regarding the lack of a standard operating procedure for conducting proceedings.
They also questioned the availability of adequate infrastructure at the S P Mukherjee Institute in Joka on the outskirts of Kolkata, identified as the tribunal office.
They reportedly stated that unless infrastructure-related issues are addressed, the tribunals would not be able to function properly.