The Supreme Court of India has requested comprehensive data from the Election Commission of India (ECI) regarding the pending appeals before appellate tribunals concerning the inclusion or exclusion of voters in West Bengal, following the Special Intensive Revision (SIR) process. The request came from a Bench led by Chief Justice of India (CJI) Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, during a hearing on petitions aimed at expediting the resolution of such appeals.
Supreme Court’s Directive to ECI
The Court directed the ECI to provide detailed statistics including the number of pending and resolved appeals. Specifically, the Court is interested in understanding:
- The total number of appeals still pending before appellate tribunals.
- The number of appeals that have been resolved, including the relief sought in those appeals.
- A breakdown of appeals concerning voter exclusions versus those opposing voter inclusions.
- The number of appeals that have been successful and the subsequent actions taken to update the electoral rolls.
- The measures being implemented to streamline the appeal resolution process.
The Court emphasized the necessity of concluding the SIR process and resolving all related appeals before the next parliamentary elections scheduled for 2029. CJI Kant urged the ECI’s counsel to propose any suggestions for improving the appeal process.
Concerns Over Voter Exclusions
Petitioners highlighted the urgency of prioritizing appeals filed by voters who were excluded from the electoral rolls. They argued that these appeals should take precedence over those filed by individuals opposing the inclusion of other voters. The petitioners also called for the swift publication of a supplementary voter list for those who had successfully contested their exclusion.
Senior Advocate Kalyan Banerjee, representing one of the petitioners, underscored the potential impact of unresolved appeals on upcoming elections. “Municipal elections are approaching, followed by Panchayat elections next year and the Lok Sabha elections in 2029. If names are not reinstated promptly, these individuals will be disenfranchised,” he warned.
Advocates’ Arguments and Court’s Response
Senior Advocate Gopal Sankaranarayanan pointed out the disproportionate number of appeals filed by non-excluded voters. “Out of 38 lakh appeals, only 7 lakh were filed by those removed from the rolls. The remaining 31 lakh appeals are from the ECI or individuals objecting to inclusions,” he argued, suggesting that appellate tribunals prioritize excluded voters to ensure they can participate in forthcoming elections.
Concerns were also raised about the impact of voter roll deletions on election outcomes. Banerjee highlighted narrow winning margins in recent state elections and suggested that deletions may have disproportionately affected certain communities.
ECI’s Cooperation and Next Steps
Senior Advocate DS Naidu, representing the ECI, assured the Court of the Commission’s ongoing efforts to coordinate with appellate tribunals to enhance the appeal resolution process. Naidu mentioned that discussions on improving the portal architecture were underway, with further updates to be provided to the Court soon.
The Supreme Court underscored the importance of resolving these issues expediently, ensuring that electoral rolls are accurate and inclusive well ahead of the next major elections.
