SC declines plea on deletion of election duty officers from West Bengal voter list

The bench directed that the Appellate Tribunals to grant out-of-turn hearings to the cases of excluded persons whose appeals are pending and who have proved urgency in their case.
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Supreme Court of India in New Delhi.(File Photo | PTI)
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NEW DELHI: The Supreme Court on Friday refused to entertain a plea by individuals, including 65 election duty officers, whose names were deleted from the voter list during the Special Intensive Revision (SIR) of electoral rolls in West Bengal, stating that the matter should be examined by the tribunal.

The bench refused to entertain the petitions after being heard by senior lawyer, M R Shamshad, who appeared for those persons whose names were struck off the voter list during the SIR, who told the Court on Friday that even many election duty officers found their names arbitrarily struck off the voter list without any reason.

A three-judge bench of the apex court, headed by Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi refused to pass any order to the authorities.

The Election duty officers moved the Supreme Court saying they themselves are not on West Bengal SIR list.

During the hearing, Shamshad said that 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 submitted.

Hearing these submissions, the CJI, opined, please make these arguments before the appellate tribunal. Let the tribunal look into it. Appropriate orders will be passed by the tribunal.

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Justice Bagchi, one of the other judges in the bench, said that in this ongoing election in West Bengal, these persons perhaps can't vote. But they can press their concerns in the tribunal for getting their name enrolled later subsequently in the voter list. The more valuable right to remain on the rolls shall be preserved.

The Supreme Court also granted liberty to these persons who have been excluded from the voter roll in the SIR exercise in West Bengal elections to approach the Chief Justice of the Calcutta High Court with their grievance.

The bench directed that the Appellate Tribunals to grant out-of-turn hearings to the cases of excluded persons whose appeals are pending and who have proved urgency in their case.

“Most of the issues have been comprehensively dealt by us in our order on April 13. We can understand that issues may arise on day to day basis. we grant liberty to the petitioners and other stakeholders to approach the Chief Justice of the Calcutta High Court on the administrative side. Similarly, if the matters require judicial intervention they may approach the Chief Justice of the High Court. As regards those names who have been excluded in SIR and those who have filed appeals before the Appellate Tribunal, the Tribunal may grant them out of turn hearing of appeals, especially to appellants who are able to prove urgency”, the Court noted.

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