West Bengal SIR Row: Supreme Court to Hear Challenge Next Week, EC Seeks for Time to File Unified Response

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Today, On 12th January, The Supreme Court heard arguments challenging West Bengal’s Special Intensive Revision process after Senior Advocate Kapil Sibal highlighted alleged procedural lapses.

New Delhi: The Supreme Court heard arguments regarding the Special Intensive Revision (SIR) process in West Bengal.

Senior Advocate Kapil Sibal, representing the petitioners, claimed there were significant procedural irregularities in the process.

While addressing Chief Justice Surya Kant and Justice Joymalya Bagchi, Sibal mentioned that,

“Very weird procedures were being employed, highlighting that communications appeared to be sent via WhatsApp during the revision.”

He argued that,

“The execution of the SIR revealed illogical discrepancies.”

Also urged the court to take these issues into account.

Counsel for the Election Commission of India (ECI) requested two weeks to submit a counter affidavit in response to the petitioners’ claims. The Bench instructed the ECI to provide a unified response to all petitions and indicated that the case would be reviewed the following week.

Last December, the ECI informed the Supreme Court that suggestions of widespread voter deletions in West Bengal during the SIR process were highly exaggerated and motivated by “vested political interests.”

In response to a public interest litigation (PIL) filed by Trinamool Congress MP Dola Sen, the Commission defended its SIR orders from June 24 and October 27 as constitutionally valid, longstanding practices essential for ensuring the accuracy and integrity of electoral rolls.

They referenced Article 324 of the Constitution and various sections of the Representation of the People Act, 1950, asserting their authority to conduct such revisions when needed.

The affidavit emphasized that Special Intensive Revisions have been integral to India’s electoral process since the 1950s.

The ECI pointed out previous nationwide revisions that took place from 1962 to 1966, and in 1983-87, 1992-93, 2002, and 2004, asserting that the current exercise is a continuation of this constitutional duty. In response to concerns that the SIR would disenfranchise genuine voters, the Commission argued that the petition’s assertions are “incorrect and denied in totality.”

The ECI emphasized that no voter can be removed without adhering to proper procedures, and the SIR guidelines include precautions to promote inclusiveness and stave off wrongful deletions.

Additionally, the affidavit indicated that 99.77 percent of current electors in West Bengal have received pre-filled enumeration forms, with a 70.14 percent return rate for completed forms. The Commission stated that these figures demonstrate that claims of widespread errors or mass disenfranchisement are highly exaggerated.

The ECI reiterated that Booth Level Officers are required to make multiple visits and leave notices if homes are locked, and that they cannot collect documents from electors; a further precaution introduced in the October 27 Phase-II SIR order.

Electors temporarily away from their residences can have family members submit forms or can file online through the ECI portal or mobile app.

The Commission also mentioned that officials have been specifically instructed to assist elderly individuals, people with disabilities, and other vulnerable voters.

The West Bengal Pradesh Congress Committee (WBPCC), along with TMC MPs Dola Sen and Mala Roy, also approached the Supreme Court for relief against the ongoing SIR of electoral rolls in the state.

During a brief session, the counsel for the WBPCC stated that numerous citizens had expressed concerns to the party regarding the SIR’s execution, leading to the decision to seek judicial intervention.

Case Title: Mostari Bani v. The Election Commission of India and connected matters



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