The Crossbill Team
Flagging concerns over hardship to citizens, the Supreme Court on Monday (January 19) laid down a series of safeguards for the Election Commission of India to follow while conducting the Special Intensive Revision (SIR) of electoral rolls in West Bengal.
A Bench comprising Chief Justice of India Surya Kant and Justices Dipankar Datta and Joymalya Bagchi directed the poll body to ensure that the verification exercise does not result in undue stress or inconvenience to the public.
The directions addressed issues ranging from so-called “logical discrepancies” in documents to the acceptance of Class 10 admit cards for age verification.
The court asked the ECI to accept Class 10 admit cards issued by the West Bengal state board as valid documents under the SIR process. During the hearing, the poll body maintained that only pass certificates should be considered.
However, the Bench noted that in West Bengal, the date of birth is mentioned only on the admit card and not on the pass certificate, Live Law reported.
“The West Bengal State Board of Education marks the date of birth in the admit card. Not in the pass certificate. If you insist only for the pass certificate, that will not bear the date of birth. For that you will have to allow the admit card,” Justice Datta said.
The Bench also directed the ECI to publish details of individuals who have been issued notices citing “logical discrepancies” in their records. These include mismatches in parents’ names, low age differences between parents and children, and cases where more than six children are attributed to the same parents.
Referring to submissions before it, the court noted that nearly 1.25 crore such notices have already been issued.
It further clarified that all those served with notices would be permitted to submit their documents through authorised agents, including Booth Level Agents.
Taking note of concerns raised by petitioners about people being required to travel long distances to respond to notices, the court asked the ECI to establish offices at the Panchayat Bhavan or block level to make the process more accessible.
The court also directed that individuals whose documents are found to be unsatisfactory must be given an opportunity of being heard, either in person or through their authorised representatives.
Questioning the rationale behind some of the discrepancies cited by the poll body, Justice Bagchi raised objections to low age gaps being treated as suspicious.
“Why is it a logical discrepancy? How can a 15-year age gap between mother and son be a logical discrepancy? It is not as if we don’t have child marriages in the country,” he said.
The Bench also asked the West Bengal government to ensure that adequate manpower is made available to the ECI to complete the revision exercise smoothly. Stressing the importance of openness in the process, the court underlined the need for transparency.
“Some correction exercises can be taken, but it should be transparent,” CJI Kant said.
Highlighting the scale of the exercise and its impact on citizens, Justice Bagchi added, “See the strain and stress going on for the ordinary people, over 1 crore people are given notices…do not create a third issue here, that’s all we are requesting.”
A Bench comprising Chief Justice of India Surya Kant and Justices Dipankar Datta and Joymalya Bagchi directed the poll body to ensure that the verification exercise does not result in undue stress or inconvenience to the public.
The directions addressed issues ranging from so-called “logical discrepancies” in documents to the acceptance of Class 10 admit cards for age verification.
The court asked the ECI to accept Class 10 admit cards issued by the West Bengal state board as valid documents under the SIR process. During the hearing, the poll body maintained that only pass certificates should be considered.
However, the Bench noted that in West Bengal, the date of birth is mentioned only on the admit card and not on the pass certificate, Live Law reported.
“The West Bengal State Board of Education marks the date of birth in the admit card. Not in the pass certificate. If you insist only for the pass certificate, that will not bear the date of birth. For that you will have to allow the admit card,” Justice Datta said.
The Bench also directed the ECI to publish details of individuals who have been issued notices citing “logical discrepancies” in their records. These include mismatches in parents’ names, low age differences between parents and children, and cases where more than six children are attributed to the same parents.
Referring to submissions before it, the court noted that nearly 1.25 crore such notices have already been issued.
It further clarified that all those served with notices would be permitted to submit their documents through authorised agents, including Booth Level Agents.
Taking note of concerns raised by petitioners about people being required to travel long distances to respond to notices, the court asked the ECI to establish offices at the Panchayat Bhavan or block level to make the process more accessible.
The court also directed that individuals whose documents are found to be unsatisfactory must be given an opportunity of being heard, either in person or through their authorised representatives.
Questioning the rationale behind some of the discrepancies cited by the poll body, Justice Bagchi raised objections to low age gaps being treated as suspicious.
“Why is it a logical discrepancy? How can a 15-year age gap between mother and son be a logical discrepancy? It is not as if we don’t have child marriages in the country,” he said.
The Bench also asked the West Bengal government to ensure that adequate manpower is made available to the ECI to complete the revision exercise smoothly. Stressing the importance of openness in the process, the court underlined the need for transparency.
“Some correction exercises can be taken, but it should be transparent,” CJI Kant said.
Highlighting the scale of the exercise and its impact on citizens, Justice Bagchi added, “See the strain and stress going on for the ordinary people, over 1 crore people are given notices…do not create a third issue here, that’s all we are requesting.”
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