Bengal SIR: SC tells Election Commission to display names flagged for ‘logical discrepancies’

The bench was hearing applications filed by TMC MP Dola Sen and others regarding the SIR in West Bengal.

The bench said those likely to be affected should be permitted to submit their documents/ objections though their authorised representative, who could be a Booth Level Agent (BLA), at the panchayat bhavans/ block offices. It asked the EC to issue instructions for submission of additional documents/ objections within 10 days of the publication of names in the “logical discrepancies” list. The court said officials should certify receipt of the documents/ objections, as this would serve as proof of submission for electors.

The court also asked the state government to provide adequate manpower to the EC and State Election Commission for “deployment at the panchayat bhavans/ block offices to entertain the documents/ objections and accord hearing to persons likely to be affected”. “In this regard, we direct the District Collectors/ Superintendents of Police to meticulously comply with the directions issued by the ECI/ state government for deployment of adequate staff and force for the smooth functioning,” it said.

In verbal remarks during the hearing, the court said the EC should accept the Class 10 (Madhyamik) admit card too, and not just the report card. Justice Bagchi said it is one of the 11 documents listed by the EC as qualifying for enumeration. “Admit card issued by the Board has a presumption, if it is given, it has to be accepted,” he said.

“The West Bengal State Board of Education marks the date of birth in the admit card, not in the pass certificate. If you insist only on the pass certificate, that will not bear the date of birth. For that, you will have to allow the admit card,” Justice Datta remarked.

Appearing for some TMC leaders, Senior Advocate Kapil Sibal said notices have been issued over age differences between the elector and his/ her parents/ grandparents, and for discrepancies in spellings of names.

But Senior Advocate Rakesh Dwivedi, appearing for the EC, said the entire names were different, not just the spellings. “There is a specific direction that no notice be issued if there is simply a spelling error,” he said.

Sibal urged that the EC should publish the names of all in the logical discrepancies category, to which the court agreed.

On the EC flagging the age gaps between electors and their parents/ grandparents, Justice Bagchi asked: “How can that be a logical discrepancy…We are not in a country where there is no child marriage.”

“Therefore, we have issued notice for correcting. Sometimes this age difference may be an error which needs to be corrected on the roll,” Dwivedi said.

Sibal also asked why BLAs should not be allowed to attend hearings. “Why can’t they be allowed in the hearing? A next of friend can always be,” Justice Bagchi said.

Dwivedi said since there are multiple parties, allowing every BLA in the hearings would lead to chaos and clashes. He said the person submitting the documents/ objections is entitled to appoint a representative, who can be a BLA.

On over 1 crore electors being issued notices, the CJI said this was just the initial figure, and it would see a drop. ”In Bihar also, the initial apprehension was 60-65 lakhs will disappear,” he said.

Senior Advocate Shyam Divan, appearing for some petitioners, also questioned the “logical discrepancies” raised by EC. “This kind of profiling on a criteria which you just invent is most undesirable. Where do these criteria come from? Who is discovering these criteria? Where is the statutory sanction for this type of criteria? What’s the sanctity of an electoral roll got to do with the number of progeny? Can that be… a relevant consideration for the ECI? I believe not.”

Questioning the timing, Sibal said: “Why do this now, in the midst of an election? It can be done at any time.”

“Let’s take it like this. This criterion is not for the purpose of deleting voters, but only for the purpose of rectifying the errors,” the CJI said.