Bengal SIR: SC orders ECI to publish names of individuals flagged for ‘logical discrepancies’

New Delhi: The Supreme Court on Monday issued a slew of directions to the Election Commission of India (ECI) to ensure that the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal, especially the verification of voters under the “logical discrepancies” category, is conducted transparently and without causing undue hardship to citizens.

A Bench headed by Chief Justice of India (CJI) Surya Kant directed the poll body to publish the names of persons who have been issued notices citing “logical discrepancies” in their enumeration forms. The Bench, also comprising Justices Dipankar Datta and Joymalya Bagchi, ordered that such lists be displayed at gram panchayat offices, block offices and ward offices, noting that around 1.25 crore notices have been issued so far under this category.

The discrepancies flagged by the ECI include mismatch in parents’ names, low age gap between parents and children, age discrepancies involving grandparents, and instances where the number of children exceeds six.

The apex court stressed that affected individuals must be given a fair chance to respond, clarifying that those served with notices may submit documents or objections through authorised agents, such as Booth Level Agents (BLAs), appointed through a letter bearing a signature or thumb impression.

Addressing concerns that voters are being compelled to travel long distances, the CJI Kant-led Bench directed that offices for submission of documents and objections be set up within panchayat bhavans and block offices. Where documents are found unsatisfactory, the concerned election officers were directed to provide an opportunity of hearing, which may be attended by the voter in person or through an authorised representative.

The Supreme Court further ordered that officials receiving documents or conducting hearings must issue a receipt, remarking that such certification would serve as proof of compliance by the voter.

It also directed the West Bengal government to ensure adequate manpower at designated offices and asked the Director General of Police (DGP) to ensure that no law and order issues arise during the process.

During the hearing, senior advocate Kapil Sibal, appearing for Trinamool Congress leaders, argued that notices were being issued even for minor spelling variations in names and on the ground that the age difference between parents and children was less than 15 years.

On the other hand, senior advocate Rakesh Dwivedi, representing the ECI, denied allegations that notices were being issued for spelling errors, but admitted that cases involving an age gap of 15 years or less between parents and children were being flagged as logical discrepancies.

However, the Supreme Court observed that the SIR process must not result in the arbitrary exclusion of genuine voters. It also took exception to the ECI issuing instructions to field officials through WhatsApp messages instead of formal circulars.

“There is no question of running everything through WhatsApp. Circulars have to be issued,” the CJI Kant-led Bench observed. The matter has been posted for further hearing after two weeks.

IANS