To appeal against the decisions of judicial officers, who were entrusted the task of electoral registration officers by Supreme Court using its extraordinary powers under Article 142 in the face of the state govt expressing serious doubts about the fairness of the process adopted by EC officials, SC had directed constitution of election tribunals — 19 have been notified by EC — comprising former HC CJs and former HC judges. The bench said the appellate tribunals will have the discretion to “to revisit the full records, including the reasons assigned by judicial officers while adjudicating objections, before deciding appeals filed before them, and also to inform the parties of these reasons”.
Tribunals free to evolve own procedures: SC
The tribunals are free to evolve their own procedures in accordance with principles of natural justice, and are requested to adjudicate the appeals after providing the parties with a fair opportunity of being heard,” it said, adding those intending to file appeals before the tribunals would be provided with reasons given by judicial officers in rejecting their claims.Senior advocate Kalyan Banerjee objected to EC giving a day’s training to former CJs and judges prior to commencement of work in the tribunals from Thursday. “Tribunals are quasi-judicial bodies. They must act independently. Why the training,” he asked. CJI said, “They are former CJs and judges of HCs. Obviously, they will act independently. Training is for handling computer and soft copies of documents. Don’t raise frivolous objections.” EC counsel and senior advocate D S Naidu said it is not training, but only orientation.Justice Bagchi said, “They have vast experience in deciding matters. You must not be worried about EC influencing judges.” advocate Kapil Sibal said, “We must have the liberty to approach the HC CJ when we have some grievance.” The bench said, “Obviously, you have the right to approach the Calcutta HC CJ. But don’t go in a group or in a delegation. If you send a political delegation, we will tell the CJ not to entertain such delegations. Mr. Banerjee, or the advocate general, can go and meet. Where is the necessity of political workers to go and meet the CJ?”Justice Bagchi said, “The problem is to the best of our knowledge and information, representations by political unions or associations are not only made to the HC CJ but also to district judges. We do not want judicial officers to be disturbed in this manner. Go to Source
