The Supreme Court, today, while hearing matters concerning the Special Intensive Revision (SIR) of electoral rolls in West Bengal, permitted Appellate Tribunals to consider fresh documents in electoral roll disputes, but only after verifying their authenticity.
The Court recorded that a substantial portion of objections had already been adjudicated, with the process moving at scale and expected to conclude shortly. It acknowledged the administrative efforts undertaken, including the constitution of 19 Appellate Tribunals headed by former Chief Justices and High Court judges, and noted that these tribunals are being made functional with both online and offline access to appeals. Taking note from the letter of the Chief Justice of Calcutta High court, the court observed:
“More than 47 lakh have been disposed, and on average 1,75,000 to 2,00,000 objections are being dealt with every day….By 7th April, all objections will be dismissed.”
During the hearing, concerns were raised regarding the statutory timeline, particularly that the last date for election nominations could act as a cut-off for inclusion in electoral rolls. The Bench emphasised that electoral disputes arising out of inclusion or exclusion must be addressed through the designated appellate tribunals, which are quasi-judicial bodies expected to function independently and objectively.
“Please advise anyone who is aggrieved to approach the tribunal.”
The Court clarified the scope of appellate proceedings by allowing Appellate Tribunals to consider fresh documents, subject to strict verification of their authenticity. While the Court had initially indicated that new documents not placed before the adjudicating officer should not be entertained, it modified its position after concerns were raised, holding that tribunals may examine such documents provided their genuineness is duly verified.
Appearances
Senior Advocate Dama Seshadri Naidu appeared for the ECI.
Sr advs Kapil Sibal, Shyam Divan, Menaka Guruswamy, Gopal Sankaranarayanan, Kalyan Bandhopadhyaya, Bikash Ranjan Bhattacharya for petitioners.
ALSO READ
SC Orders Constitution of Appellate Tribunals of Former Judges in WB SIR Matter; Directs Continuous Publication Of Supplementary Lists
https://thebarbulletin.com/supreme-court-appellate-tribunals-west-bengal-sir-electoral-rolls/
West Bengal SIR Matter: SC Expands Judicial Pool to Verify 50 Lakh Electoral Claims; Invokes Article 142 to Protect Voter Rights
https://thebarbulletin.com/supreme-court-west-bengal-sir-article-142-electoral-verification/
‘We Are Disappointed’: SC Asks Calcutta HC To Nominate Judicial Officers To Oversee SIR Duties in WB
https://thebarbulletin.com/supreme-court-calcutta-hc-judicial-officers-wb-electoral-roll-revision/
SIR Matter: Supreme Court Extends the WB SIR Deadlines, Clarifies Role of Micro-Observers and EROs
https://thebarbulletin.com/supreme-court-wb-sir-electoral-roll-deadlines/
Supreme Court Issues Notice in West Bengal SIR Petitions; Lists Matter for Monday
https://thebarbulletin.com/supreme-court-notice-west-bengal-sir-petitions/