SC opens door for fresh applications in West Bengal SIR electoral roll dispute

New Delhi: The Supreme Court on Monday said that former West Bengal chief minister Mamata Banerjee and others may file fresh applications over claims that victory margins in 31 assembly constituencies were lower than the number of votes deleted during the Special Intensive Revision (SIR) of electoral rolls.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made the observation while hearing a batch of petitions related to the SIR exercise in West Bengal.

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Senior advocate and Trinamool Congress MP Kalyan Banerjee told the court that there were 31 constituencies where the margin of victory was lower than the number of names removed from electoral rolls during the revision process.

Referring to one constituency, Banerjee claimed that a candidate had lost by 862 votes while 5,550 names had been deleted from the voter list during the SIR.

Justice Bagchi said any challenge relating to election results or voter deletions would require an independent interim application. He added that the Election Commission’s argument — that an election petition was the appropriate legal remedy — could be addressed in its counter-affidavit.

Representing the Election Commission of India, senior advocate D S Naidu opposed the submissions and argued that disputes relating to election outcomes should be pursued through election petitions. He said the poll panel could only be held accountable for issues directly connected to the SIR process and appeals concerning additions or deletions from electoral rolls.

During the hearing, Kalyan Banerjee also referred to the resignation of former Calcutta High Court Chief Justice TS Sivagnanam from the SIR Appellate Tribunal, which had been tasked with hearing appeals by voters excluded from electoral rolls.

Justice Sivagnanam was among 19 former judges appointed to head tribunals set up to examine disputes over additions and deletions in the voter lists.

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Senior advocate Menaka Guruswamy, appearing for one of the petitioners, argued that there were concerns the appellate tribunals could take up to four years to decide the appeals.

The Chief Justice said the court would examine whether improvements could be made to speed up the adjudication process.

Around 700 judicial officers from West Bengal, Odisha and Jharkhand were deployed to handle nearly 60 lakh claims and objections linked to the electoral roll revision exercise.

In the recently concluded West Bengal assembly elections, the Bharatiya Janata Party won 207 seats in the 294-member assembly, while the Trinamool Congress secured 80 seats after 15 years in power. The state recorded voter turnout of more than 90 per cent.