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Supreme Court flags ‘margin of error’ in Bengal SIR, refuses to intervene

Supreme Court flags ‘margin of error’ in Bengal SIR, refuses to intervene

File photo

NEW DELHI: The Supreme Court on Monday raised concerns over the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal, with Justice Joymalya Bagchi stressing the need for a “robust appellate mechanism” to address wrongful deletions, even as the court declined to intervene in individual cases.A bench led by Chief Justice Surya Kant was hearing petitions from voters whose names were struck off the rolls and whose appeals are pending before appellate tribunals.

‘Margin of error’ concern amid large-scale exercise

Justice Bagchi flagged the scale and pressure of the exercise, noting that judicial officers handling SIR adjudication were processing over 1,000 documents a day. “If the accuracy is 70 percent then the activity should be rated as excellent… there will always be a margin of error,” he said, as per Live Law.He warned that such errors could have electoral consequences, observing that if a significant percentage of voters are excluded in close contests, “we would definitely have to apply our minds.” He added that “right to vote… is not only constitutional but sentimental.”He also directly referred to the Bihar SIR proceedings, noting that the Election Commission had earlier taken an “unequivocal” stand that voters listed in the 2002 electoral roll would not be required to submit additional documents. Questioning the deviation in West Bengal, Justice Bagchi remarked, “Please see your written submissions in Bihar case… you had said the 2002 electorate need not give documents,” and observed that the poll body now appeared to be “improvising” its position.The judge further highlighted that West Bengal saw the introduction of a new ‘logical discrepancy’ category—absent in other states—raising concerns over inconsistency in the revision process and its potential impact on voters.

Court declines relief, directs petitioners to tribunals

Despite the concerns, the bench refused to extend the April 9 deadline for freezing electoral rolls and declined to entertain the plea. “We will not entertain this. Better you pursue there (before AT),” the Chief Justice said, emphasising that appellate tribunals must decide the cases.The court also cautioned against questioning the integrity of judicial officers, with the CJI stating they had done a “commendable job.”Petitioners had argued that they were valid voters listed in the 2002 rolls and possessed documents such as Aadhaar and passports, but their appeals were not being heard in time.During the hearing, the court also underlined that the process must not become a “blame game” between the state and the Election Commission, with Justice Bagchi remarking that the voter was being “sandwiched between two Constitutional authorities.” He stressed that appellate tribunals must adopt a “principle of inclusion” while deciding cases.

Massive exercise ahead of polls

The SIR process, being conducted ahead of the West Bengal Assembly elections, has already led to the removal of over 27 lakh names after adjudication. Nineteen tribunals are now tasked with hearing more than a lakh appeals each, highlighting the scale of the challenge.The court also noted that as many as 25–35 lakh appeals may need adjudication, underscoring the logistical burden on tribunals and the urgency of ensuring due process in a time-bound electoral exercise.Disposing of the plea, the court clarified that if the petitioners succeed before the tribunals, “necessary consequences shall follow,” while leaving the remedy of appeal open. Go to Source

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