The Supreme Court on Friday issued key directions in the West Bengal Special Intensive Revision (SIR) matter, citing a “trust deficit” between the State government and the Election Commission of India.
A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi observed that extraordinary circumstances warranted an extraordinary order.
The apex court has sought a status report on alleged incidents of violence in the State, noting that such situations arise when there is a trust deficit.
The Court requested the Chief Justice of the Calcutta High Court to spare serving and former judicial officers of the rank of District Judges and Additional District Judges to oversee pending claims and objections in the SIR process.
It observed that the SIR process had come to a standstill and required fair, quasi-judicial adjudication. Under the rules, the State government is required to provide Group A officers to function as Electoral Registration Officers (EROs).
However, a dispute has arisen over the rank and status of officers appointed by the State as EROs and Assistant EROs.
To ensure fairness in the inclusion or exclusion of names from the electoral roll, the Court said judicial officers would revisit pending claims, particularly those under the “logical discrepancy” category. They will be assisted by micro-observers and State officials already deputed for the process.
The Court also directed the West Bengal Director General of Police to file an additional affidavit along with an action taken report, and instructed the State authorities to ensure compliance with its directions.
During the hearing, the Court questioned the Election Commission on the availability of competent officers, observing that quasi-judicial functions cannot be discharged by junior staff and must be handled by responsible officers.
The next hearing is scheduled for the first week of March.
