Supreme Court Seeks Data on Appellate Tribunal Outcomes from ECI
In a significant move, the Supreme Court of India has instructed the Election Commission of India (ECI) to present detailed statistics on the number of appeals resolved by appellate tribunals. These tribunals are tasked with handling cases stemming from the Special Intensive Revision (SIR) of electoral rolls in West Bengal. The directive was issued by a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, in response to a petition concerning the operations of appellate tribunals in the region.
Focus on Appeal Outcomes
Justice Joymalya Bagchi emphasized the necessity of not only filing appeals but also assessing their outcomes. “You need to give us the quantum of disposals so far because just filing an appeal is not enough. What is happening to the appeal also has to be seen,” Justice Bagchi remarked to the ECI. This highlights the Court’s intent to ensure transparency and efficiency in the tribunal process.
Separate Issues for PDS Grievances
The Court also clarified that grievances related to the denial of public distribution system (PDS) benefits, due to deletions from the electoral rolls, should be addressed separately. These issues are to be brought before the Calcutta High Court. “If you enlarge the scope of your petition to PDS, we will not be able to entertain it. It has to go to the High Court,” Justice Bagchi stated, delineating the jurisdictional boundaries of the current petition.
Advocate’s Concerns and Court’s Directions
During the proceedings, the petitioner’s counsel, Adhir Ranjan Chowdhury, expressed concerns over the use of SIR deletions to deny PDS benefits and the slow progress of appeals. In response, Justice Bagchi reiterated that the primary focus should be on the quantity of disposals, not merely on deletion issues. “You need to rethink the entire architecture of the appellate tribunal,” Justice Bagchi advised, suggesting improvements such as online access to judges.
Further Developments Scheduled
The ECI, represented by Senior Advocate Dama Seshadri Naidu, requested the Court to schedule the matter for August 25, alongside similar cases, a request which the Bench granted. “To be listed on August 25, tagged with the pending matters,” announced the Bench.
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Background on SIR and Electoral Roll Discrepancies
In recent West Bengal assembly elections, numerous voters were disenfranchised due to their exclusion from the electoral roll following the SIR. Their appeals are still pending before appellate tribunals, which were established by Supreme Court directives. Previously, the top court had affirmed the ECI’s authority to conduct SIR of electoral rolls, with the condition that the ECI could determine an individual’s citizenship status solely for voter roll inclusion purposes. Should the ECI find someone ineligible, it can refer the case to the Central government for further adjudication.
