The Calcutta High Court has directed the West Bengal Chief Electoral Officer to pass a reasoned order on a plea opposing the acceptance of invalid OBC certificates in the ongoing Special Intensive Revision of electoral rolls. The Court said the issue does not challenge the SIR process itself and must be decided within one week.
The Calcutta High Court on Wednesday directed the Chief Electoral Officer (CEO) of West Bengal to examine a representation demanding that invalid Other Backward Class (OBC) certificates should not be accepted as supporting documents during the ongoing Special Intensive Revision (SIR) of electoral rolls in the state.
The Court asked the election authority to take a clear decision on the issue and communicate a reasoned order within one week.
The petition was heard by Justice Krishna Rao, who noted that the grievance raised by the petitioner concerns the acceptance of OBC certificates that were already declared invalid by the High Court in an earlier judgment.
The petitioner pointed out that the Calcutta High Court, through a division bench judgment delivered in May 2024, had struck down the OBC status granted to 77 categories of people in West Bengal from the year 2010 onwards.
The court in that judgment had held that such reservations in services and posts were not in accordance with the law.
Despite this ruling, the petitioner argued that the enumeration form used in the current Special Intensive Revision of electoral rolls still lists OBC certificates as valid documents. This, according to him, creates confusion and may allow the use of certificates that no longer have legal validity.
The petitioner, Arijit Bakshi, who is a registered voter in West Bengal, submitted before the court that the Election Commission should clearly state that only valid OBC certificates, and not those categories which were struck down by the High Court, should be accepted during the electoral roll revision process.
His counsel, Billwadal Bhattacharyya, requested the court to direct the Election Commission to issue a corrigendum clarifying its position so that invalid certificates are not used.
On the other hand, counsel Anamika Pandey, appearing on behalf of the Election Commission, informed the court that issues relating to the validity of the Special Intensive Revision exercise are currently pending before the Supreme Court.
On this basis, it was argued that the High Court should refrain from passing any directions in the present case.
Justice Krishna Rao, however, clarified that the petition before him does not challenge the procedure or legality of the Special Intensive Revision itself. Instead, it only seeks consideration of a representation already made to the Election Commission regarding the acceptance of OBC certificates.
The Court observed that examining such a representation does not interfere with the ongoing SIR process or with matters pending before the Supreme Court.
Accordingly, the High Court directed the Chief Electoral Officer of West Bengal to consider the petitioner’s representation and to pass a reasoned decision within one week from the date the order is received. The Court also directed that the decision should be communicated to the petitioner.
The High Court recalled that while striking down the OBC status of the 77 categories in May 2024, it had made it clear that individuals who had already secured government jobs, obtained reservation benefits, or succeeded in selection processes would not be affected by the judgment.
However, the present case focuses on the future use of such certificates, particularly in the context of electoral documentation.
With this order, the Calcutta High Court has ensured that the Election Commission addresses concerns related to invalid OBC certificates while maintaining the integrity of the electoral roll revision process in West Bengal.
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