In a significant development, being seen as ‘extraordinary’ in the backdrop of tussle between West Bengal government and ECI , the Supreme Court has ordered deployment of judicial officers, including the retired judges, for smooth conduct of the special intensive revision (SIR) of electoral rolls in West Bengal.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipin Pancholi said there was a clear lack of cooperation between the State government and the Election Commission of India (ECI)
"There is an unfortunate blame game of allegations and counter allegations which shows trust deficit between two constitutional functionaries - that is the State government and the Election Commission of India. Now the process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list. Most of the persons to whom notices were issued have submitted their documents in support of their claim for inclusion in the voter list. These claims are required to be adjudicated in a quasi-judicial process by Electoral Registration Officers (EROs)," the Court said.
The Bench added that it was left with no other option than involve the State judiciary, including the retired judicial officers, for conclusion of the SIR.Accordingly, it passed the order: "In order to ensure fairness in adjudication of genuineness of documents submitted and consequent inclusion or exclusion in voter list, we are left with hardly any other option but to request Chief Justice of Calcutta High Court to spare some serving judicial officers along with some former judicial officers in the rank of Additional District Judge or District Judges who can then in each district aid in disposal or revisiting of the claims under the logical discrepancy list. Each officer shall be assisted by the ECI and officials of State government deputed to assist in the duty."
"There is an unfortunate blame game of allegations and counter allegations which shows trust deficit between State government and the Election Commission of India.The Court acknowledged that this direction may impact hearing of normal court cases since judges time will be deployed for the SIR exercise.Thus, it directed that Calcutta High Court Chief Justice along with a a committee of judges, the Registrar General, and the principal district judges may take a call to shift interim relief cases to an alternate court for a week or 10 days.
"Please cooperate with the High Court. Please create an environment for them to function. Imagine what will happen if the SIR process is not completed. Then what happens?," the Court asked the State.On February 9, the Court had directed the State of West Bengal to ensure that officers provided by it to the ECI report for the duty.However, the ECI today alleged that it was not being provided well qualified officers.
At this, CJI Kant said,"You [State] are not providing competent Group A officers. How can incompetent officials decide the fate of the people?"Justice Bagchi added,"There is a sense of hesitancy on both ends. We propose that judicial officers can aid and take the process to a logical conclusion."In the order passed subsequently, the Court recorded that State is obligated to provide Group A officers who perform the duty of SDO, SDM but there is dispute among about the rank of the officials provided by the government to perform the function of ERO and AERO."It is nearly impossible for this court to determine the status and rank of officials now deployed by the ECI given by State," the Court said.
Senior Advocate DS Naidu, representing the ECI, submitted that ECI had asked for qualified EROs but the State asked it to wait for further communication."We told them we need officers of this nature. They wrote to us saying you wait. Please see their letter. We are looking at qualified EROs," Naidu said.The Court said it was disappointed with the response of the State government.
"If this is the level of communication from the State? For February 9 order, you have responded on February 17! You are saying State government is examining the officers. Examining? You should have written that 8,500 officers are sent. We are not on micro observers. We are disappointed to see this. We thought States will co-operate. We don't want private explanations," CJI Kant said.Senior Advocate Menaka Guruswamy, representing the State government, submitted there are only 69 Sub Divisional Officers in the State. The Court said it can ask the ECI to bring officers from outside the State.
Follow us
