When people realise power of vote, they shun violence: Supreme Court top 5 remarks in West Bengal SIR case

1. CJI Surya Kant: As a citizen of India, I was very happy to see the percentage of voting. In this country, people need to participate in this.
2. Justice Joymalya Bagchi: There is a saying in Bengali, Rajae rajae juddho hoye, ulukhagrar pran jaye, that the Kings fight and the poor men suffer and die.
3. CJI Kant: When people realise their power in a democracy, the power of the vote, and they follow the rule of law…then they don’t indulge in violence. Then they know that my strength lies in a democratic setup.
4. Justice Bagchi: We have seen that the democratic process is something which must be respected and honoured, otherwise the essence of democracy will be lost.
5. Justice Bagchi: Please bear in mind our earlier observation that an elector’s right is a valuable continuing right, so your appeal will be heard, and if you have correct and compelling documents, you will be restored.

CJI Surya Kant and Justice Joymalya Bagchi

Out-of-turn hearing

The top court, on Friday directed the appellate tribunals to give out-of-turn hearings to persons who have filed appeals against exclusion.

“As regards to those names has been excluded in the voter list and those who have filed appeals, directions is issued to tribunals to accord out of turn hearing to the petitioners who have been able to make out a case of grievance. If matters require judicial intervention, the petitioners or similarly placed persons can approach the HC on judicial side,” the court said.

During the hearing, senior advocate Kalyan Banerjee said that only 139 appeals have been disposed out of 27 lakh.

“Only one thing I want to point out…Only 139 appeals have been disposed out of 27 lakh. Our expectation was much,” Banerjee said. He added that speedy disposal was required.

To this the CJI said that the grievance can be raised before the Chief Justice of the Calcutta High Court.

Election officers plea

Earlier today, Senior Advocate MR Shamshad appeared on behalf of several election officers on duty who are unable to vote in the ongoing elections. He submitted that the 65 petitioners were all on election duty and had been issued orders referring to their EPIC numbers.

However, he argued that those EPIC numbers had subsequently been deleted, thereby depriving the petitioners, who were themselves involved in conducting elections, of their right to vote.

Shamshad contended that the action was arbitrary and further pointed out that many of the petitioners had not been issued show cause notices, despite such a notice being a statutory requirement.

In response, the Chief Justice of India Surya Kant observed that the petitioners should raise these arguments before the appellate tribunal, with the bench indicating that appropriate orders could be passed there. Justice Bagchi added that the more valuable right to remain on the electoral rolls would be examined.

Report from Calcutta High Court

The top court in the previous hearing said that it will seek a report from the Calcutta High Court Chief Justice on the appellate tribunals set up to hear appeals of those excluded from the electoral rolls during the Special Intensive Revision (SIR).

The directive came from a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi after senior advocate Devdutt Kamat contended in court that the tribunals were “not functioning”, and that they were only “accepting internet and computer-based applications” while not permitting lawyers of applicants at the hearings.

On April 13, the Supreme Court, exercising its powers under Article 142 of the Constitution, allowed voters cleared by Appellate Tribunals to vote in the West Bengal elections, provided their appeals are decided before April 21 and 27, respectively, for the first and second phases.