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‘Some correction exercise has to be taken’: Supreme Court directs ECI to ensure transparent verification in ‘logical discrepancy’ list during Bengal SIR

The Supreme Court asked ECI to issue instructions for all those affected to provide additional documents or raise objections within 10 days of the publication of the names of those flagged under the head “logical discrepancies”.

Supreme Court decisionsThe court remarked orally that ECI should accept the Class 10 (Madhyamik) admit card as well as the result card. (Credits: Unsplash)

The Supreme Court on Monday refused to stop the Election Commission of India (ECI) from carrying out scrutiny of voters flagged for “logical discrepancies” during the Special Intensive Revision (SIR) exercise in West Bengal, but issued certain directions to ensure that it is carried out transparently and without inconveniencing the public.

The three-judge bench was hearing applications filed by TMC MP Dola Sen and others regarding the West Bengal SIR exercise.

“On the face of it, some correction exercise has to be (under) taken. But it must be transparent, with ample opportunity, without inconvenience to the voters,” Chief Justice of India Surya Kant, presiding over the bench, said.

The bench, also comprising Justices Dipankar Datta and Joymalya Bagchi, directed ECI to publish the names of those flagged for “logical discrepancies” in their enumeration forms. “The names of the persons may be displayed in the gram panchayat bhavans/block office in every taluka as well as in the ward offices (in the city),” it said.

The bench said that persons likely to be affected should be permitted to submit their documents/objections through their authorised representative. Such an authorised representative can be a Booth Level Agent (BLA), the court said, adding that the person submitting the objection should produce a letter in favour of such a representative, whether signed or with a thumb impression.

These documents shall be submitted at the Panchayat Bhavan or Block Offices, it said.

The court asked ECI to issue instructions for all those affected to provide additional documents or raise objections within 10 days of the publication of the names of those flagged under the head “logical discrepancies”.

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The court asked the Bengal Government to provide adequate manpower to ECI and the state election commission “for their deployment at the Panchayat bhavan/block offices to entertain the documents/objections and accord hearing to persons likely to be affected.”

“In this regard, we direct the District Collectors/SPs to meticulously comply with the directions issued by the ECI/state government for deployment of adequate staff and force for the smooth functioning,” the court said in its order.

It added that the DGP of West Bengal “shall be obligated to ensure that there is no law-and-order problem and all activities are completed smoothly.”

During the hearing, the court also remarked orally that ECI should accept the Class 10 (Madhyamik) admit card as well as the result card.

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Justice Bagchi said that in West Bengal, it is one of the 11 documents listed by ECI as qualifying for enumeration. “Admit card issued by the Board has a presumption, if it is given, it has to be accepted,” Justice Bagchi said.

Justice Datta also remarked that in West Bengal, while the Class 10 admit card has the date of birth, the result card does not. “The West Bengal State Board of Education marks the date of birth on the admit card. Not in the pass certificate. If you insist on only the pass certificate, that will not bear the date of birth. For that you will have to allow the admit card,” he said.

 

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