New Delhi: Supreme Court on Friday directed the deployment of judicial officers, including retired judges, to ensure the smooth conduct of the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipin Pancholi observed that there was a clear lack of coordination between the state government and the Election Commission of India (ECI), noting that there is a “trust deficit between two constitutional functionaries – that is the State government and the Election Commission of India,” as reported by Bar and Bench.
On February 16, the EC suspended seven officials in West Bengal with immediate effect for serious misconduct, dereliction of duty and misuse of statutory powers in connection with the ongoing Special Intensive Revision (SIR) process in the state.
Earlier this month, West Bengal chief minister Mamata Banerjee appeared in person before the Court and flagged various issues in the SIR. She alleged that the ECI targeted the state just ahead of the assembly elections this year.
While passing its order on Friday, the EC noted that the SIR “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 that most of the people to whom EC had issued notices, have submitted their documents in support of their claim for inclusion in the voter list.
“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. Each officer shall be assisted by the ECI and officials of State government deputed to assist in the duty,” Bar and Bench quoted the SC as saying.
In the order, the bench observed that there was “an unfortunate blame game” and “allegations and counter-allegations”, which indicated a “trust deficit between two Constitutional bodies, namely the democratically elected State Government and the Election Commission of India”
The circumstances being extraordinary, the entrustment to judicial officers/former judicial officers is also extra ordinary. We are also conscious of the fact that this may also have impact on the pending court cases also. The Chief Justice, with the assistance of the Committee of Registrar General and District Judges, may evolve some interim arrangement for the shifting of matters requiring urgent relief to alternate courts.”
The Court allowed the publication of the final list of voters, so far as the process is completed, on the scheduled date of February 28. The Court said that the ECI can publish supplementary lists after the final date.
The Court directed that the Collector and SP must render assistance and provide all logistic support to the judicial officers and team for smooth completion of pending process. The Collector and SP shall be under deemed deputation for the purpose of ensuring compliance of directions that may be issued from time to time.
The Court also directed the Director General of Police to file a supplementary affidavit on the steps taken on complaints regarding threats to SIR officers.
“Either we will involve state judiciary…we will request CJ…or alternate is to request them to bring officers from outside…if you don’t complete SIR, both sides must understand…” CJI said.
“Since there is an element of hesitance from both sides, we will appoint judicial officers,” Justice Bagchi said. Both sides accepted the bench’s move to appoint judicial officers. “Let them replace the micro observers and special roll observers, judicial officers can be appointed,”
The Court also ordered that the deadline for the scrutiny of documents and objections be extended at least for a week from February 14, the scheduled date for publication of the final list.
