The bench lists the case on April 1, 10.30am.
CM Mamata Banerjee had earlier approached the Supreme Court under Article 32 of the Constitution, assailing the SIR exercise in the state. West Bengal SIR Hearing Highlights Updates: While hearing petitions challenging the Special Intensive Revision (SIR) of electoral rolls in West Bengal, the Supreme Court on Tuesday observed, citing a news article, that the SIR exercise had happened smoothly everywhere, except in West Bengal.
Chief Justice of India Surya Kant remarked that, “Two days back I was travelling, there is an article on SIR,…….other than West Bengal everywhere it has happened smoothly.”
To this senior advocate Kalyan Banerjee responded that other than West Bengal, logical discrepancy have not been applied to any other state.
At the outset senior advocate Shyam Divan appearing for Chief Minister Mamata Banerjee suggested freezing of electoral rolls seven days prior to the polling date so that no eligible elector is left out. Divan also suggested requesting the High Court to ensure that the tribunals directed to be constituted by the top court function with immediate effect so that the electors found ineligible may exercise the right to appeal and the tribunal may have time to dispose of the appeal before polling.
He had also prayed for directions to add the electors found eligible by the tribunals to be added to the supplementary voter list. Divan further sought directions to expedite the disposal of appeals of all candidates of all political parties who are under adjudication.
Responding to this, the CJI said that most of these issues involve administrative exercise and can be taken up with the Chief Justice of the Calcutta High Court.
The court also highlighted the workload on judicial officers tasked with adjudicating the claims and objections to the electoral rolls.
“More than two lakh objections are being decided by judicial officers. They have not taken a single leave,” the court said. After hearing the matter briefly, the court posted the case for further hearing on April 1.
Previous hearing: During the last hearing on March 11, the Supreme Court asked the Chief Justice of Calcutta High Court to request few former CJs and two-three judges of the high court, preferably Calcutta or neighbouring states, to hear the appeal of those persons whose claim for inclusion has been rejected by the Judicial officers. The top court directed the ECI to issue a notification in consultation with CJ of Calcutta HC notifying the former CJ/judges as the appellate tribunal.
“The CJ of Calcutta may request some former CJ and two-three judges of the high court, preferably Calcutta or neighbouring states who shall be notified as the appellate tribunal. The ECI shall issue a notification in consultation with CJ of Calcutta HC notifying the former CJ/judges as the appellate tribunal,” CJI had said.
Earlier the top court had allowed the deployment of judicial officers from Odisha and Jharkhand for completing the adjudication of claims and objections of persons included in the “logical discrepancy/unmapped category”.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi had said that the Chief Justice of Calcutta High Court can depute civil judges, if needed.
CJI: We will have to wind up early on that day (April 1).
Divan: When will your lordship will list the case
CJI: We will list tentatively on 1st.
Justice Bagchi: do you realise. We have put so much pressure on the judicial officers to complete 16 lakh cases within 45 days.
Banerjee: it's inhuman that is why we said it will take 2-3 years.
CJI: I read an article. Other than West Bengal, SIR process happened smoothly everywhere.
CJI: 5-6 Political parties can go to the adjudicating officer and request for the same.
Sr Adv Kalyan Banerjee: Though supplementary list was published at 12 am. The complete list is not out yet.
Justice Bagchi: these are logistical issues.
Senior advocate Kalyan Banerjee: Entire supplementary list is not published. A soft copy can be given to political parties. That also can be considered.
Bench: Please approach CJ of high court.
CJI: Most of these are administrative issues which can be taken up by the Chief justice of the high court.
Sr advocate Divan: Court may consider directing all subsequent supplementary lists to be published on a daily basis
Sr advocate Divan: It will be extremely difficult for judicial officers to complete adjudication. This court may consider freezing of electoral rolls seven days prior to the polling date
Sr advocate Divan: Everyone wants process to complete swiftly. I have a few suggestions. Total number of cases under adjudication as on March 23 was 60 lakhs. On 23 March the first supplementary cases was published with 27 lakh cases disposed of by judicial officers
Sr advocate Shyam Divan refers to court's previous order
Hearing commences
Bench assembles. Matter to come up shortly.
Counsels-
Senior advocate Menaka Guruswamy will be appearing for the State of West Bengal.
Senior advocate Shyam Divan will be appearing for CM Mamata Banerjee.
Senior advocate DS Naidu will be appearing for Election Commission of India.
The bench is yet to assemble after the break
On March 11, the Supreme Court asked the Chief Justice of Calcutta High Court to request few former CJs and two-three judges of the high court, preferably Calcutta or neighbouring states, to hear the appeal of those persons whose claim for inclusion has been rejected by the Judicial officers.
The Election Commission published the first supplementary voters’ list after SIR adjudications in poll-bound West Bengal.
According to the EC, so far 29 lakh cases have been adjudicated by judicial officers, deputed by the Supreme Court, out of over 60 lakh pending cases.
The Supreme Court is likely to hear the matter at around 2:30 pm.
