West Bengal SIR News Updates: See no reason why wrongly excluded voters can’t be added later, says Supreme Court

“Even if a person is excluded today and. He’s unable to vote in this particular election, but that exclusion appears to be unjustified to the tribunal headed by a former chief Justice we see no reason why the decision can be altered and he be included,” the top court said.

The court further added that likewise, if a person is incorrectly included and votes in the election, and a report is made to the tribunal, there is no reason why the entire cleansing exercise should not be taken to its logical conclusion.

“Likewise a person incorrectly included and votes for this election. And your representative makes a report to the tribunal, we see no reason why the entire cleansing exercise taken by you should not be taken to its logical conclusion,” the court added.

The court also directed that the appellate tribunal shall not entertain fresh documents without verifying the genuineness of such documents. The court was also informed that out of 60 lakh claims around 47 lakh have been disposed of by the judicial officers and the pending claims will be cleared by April 7.

What happened in the previous hearing? The Apex Court during the last hearing on March 31 had asked petitioners to approach the chief justice of Calcutta High Court with their administrative concerns. This comes after 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 had 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.

Appointment of appellate tribunals: On March 11, the Supreme Court had 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.