TMC claims SIR voter deletions affected Bengal poll results, Supreme Court says fresh application needed
The Supreme Court said it will examine the Election Commission's objections once the TMC submits the formal application.
TVK MLA R Seenivasa Sethupathi won the election against Dravida Munnetra Kazhagam (DMK) leader K R Periakaruppan by one vote. (File photo). The Supreme Court Monday asked the Trinamool Congress (TMC) to file a separate interlocutory application (IA) if it wishes to argue that the deletion of voters during the Special Intensive Revision (SIR) materially affected the outcome of the recently concluded West Bengal Assembly elections.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi stated it would examine the Election Commission of India’s (ECI) objections, including those regarding the maintainability of such a plea, once the formal application is submitted.
Senior Advocate Kalyan Bandopadhyay, appearing for the TMC, argued that in 31 constituencies, the margin of defeat was less than the total number of voter deletion cases currently under adjudication before appellate tribunals.
“In one constituency, the margin of loss is a mere 862 votes, while 5,432 votes are still under adjudication,” Bandopadhyay noted. He added that while the total margin of loss across the state was 32 lakh votes, approximately 35 lakh appeals regarding voter deletions are still pending.
He referred to a comment by Justice Bagchi during the hearing of petitions against the SIR, that if the loss margin is less than the deletions, the court would look into it.
Justice Bagchi told him, “Whatever you want to say about, as you said, with regard to results which may have materially affected because of the deletions which are under adjudication, that requires an independent interlocutory application (IA) to be taken out.”
Agreeing to file, the senior counsel stated that “most interestingly,” in one constituency, “the margin of loss is 862 votes while 5,432 votes are under adjudication there”.
Time-bound adjudication
The CJI said, “We can only improve the mechanism for adjudication of the appeals,” adding that those aggrieved can pursue whatever remedies are available under the law.
The CJI said, “Therefore, the appeals are to be decided in a time-bound manner.”
Bandopadhyay also brought to the bench’s notice the resignation of Justice (retired) T S Sivagnanam from the appellate tribunal.
But the CJI said, “What can we do? We can’t compel a judge…”
Senior Advocate Menaka Guruswamy said there is a sense that it will take over four years to adjudicate.
File an election petition: ECI
Senior Advocate D S Naidu, appearing for the Election Commission, said that it had also come across news reports that the chairperson of a particular tribunal had resigned on “personal grounds”.
He added that the law is clear: if they have some complaints regarding the election, their remedy could be an election petition. “If there are any lapses in SIR, let them bring it to Your Lordship’s notice. We will answer them.”
Bandopadhyay urged the bench to pass an order allowing deletions during the SIR as grounds for filing an election petition, but the CJI wondered how that could be.
Justice Bagchi said, “We indicated to you, subsequent event, you are at liberty to take out an appropriate IA. The opposition, which Mr Naidu may have, will come as a counter, either to its maintainability or to its factual correctness, etc. We will look into it and we will pass appropriate orders.”
The judge added, “With regard to the other very compelling issues, pending appeals”, the apex court will have to get a report from the Calcutta High Court Chief Justice and take stock as to how and in what timeline they can be resolved.
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