In a loud and clear message to all the states, the Supreme Court on Monday said it would not allow any ‘impediment’ in the ongoing special intensive revision (SIR) of electoral rolls in states. The Apex Court directed the state of West Bengal to ensure that over 8,000 of its officers provided to the Election Commission of India (ECI) for duty relating to special intensive revision (SIR) of electoral rolls report to the district electoral officers by Tuesday evening.
The bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi and Justice NV Anjaria also made it clear that it would issue directions to ensure smooth execution of the SIR and not allow any impediments to the process. “All states should understand this,” the CJI remarked.
"We will not allow any impediment in conduct of SIR. This must be clear to all States," CJI Kant said. The Court made the observation after ECI made submissions stating that the state of West Bengal was not extending proper assistance to the electoral body. It took note of the ECI's allegations that the SIR was marred by violence, intimidation and sustained political interference. The Bench reiterated that a categorical direction was issued to police to ensure maintenance of law and order, and directed the West Bengal DGP to file a personal affidavit on the allegations against the state.
Solicitor General Tushar Mehta, appearing for the Union government, earlier submitted that a message must go that the Constitution applies to all. The ECI also said it had recommended suspension of certain officers, but nothing has been done by the State government.
Meanwhile, the Court today directed that ECI shall have the discretion of utilising the officers being provided by the state government, if found qualified. In an important clarification, the SC said responsibility assigned to micro-observers or the state government officials shall be to only assist the Electoral Registration Officers.
In another important development, the Court directed that the deadline for completion of SIR in West Bengal be extended by one week.
During the hearing on Monday, Justice Bagchi flagged the widespread issuance of notices to people in West Bengal. A public interest litigation filed by Sanatani Sangsad, calling for the placement of state police officials under the Election Commission of India until the final electoral roll is published, was also taken up by the Bench. In its response, the ECI alleged incidents of violence, intimidation and interference with SIR-related duties in West Bengal.
The CJI also observed that had the list of officers been submitted by February 5, the Election Commission of India (ECI) would have already taken a decision. Senior advocate Abhishek Manu Singhvi submitted that the Election Commission had never requested the state to provide names of officers. In response, senior advocate Shyam Diwan stated that a list of 8,500 officers had now been submitted and urged the Court to accept it.
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