Observing that the Special Intensive Revision process in West Bengal should be transparent and not cause inconvenience, the Supreme Court directed the Election Commission (EC) on Monday to display the names of those on the "logical discrepancies" list at gram panchayat bhavans and block offices, where documents and objections will also be submitted.
Logical discrepancies in progeny linking with the 2002 voter list include instances of a mismatch in the parent's name and the age difference between a voter and their parent being less than 15 years or more than 50 years.
Noting that 1.25 crore voters in the state figure on the "logical discrepancies" list, a three-judge bench of Chief Justice Surya Kant and Justices Dipankar Datta and Joymalya Bagchi directed that the offices for submitting documents and objections be set up within the panchayat bhavans or block offices and asked the West Bengal government to provide adequate manpower to the election authorities.
The court directed that the director general of police of West Bengal shall be obligated to ensure that there is no law-and-order problem and that all the activities shall be completed smoothly.
The apex court was hearing pleas alleging arbitrariness and procedural irregularities in the ongoing SIR exercise in West Bengal, including those related to the "logical discrepancies" category.
The bench noted that notices have been issued that are broadly classified in three categories - mapped, unmapped and logical discrepancy.
The top court added that under the 'logical discrepancy' category, mismatches in father's name or parents' age, and a difference in the age of the grandparents were noticed by the authorities.
The apex court said those likely to be affected by the ongoing Special Intensive Revision (SIR) of the electoral rolls in West Bengal must be allowed to submit their documents or objections.
The top court directed that the office for submitting the documents and objections shall be set up within the panchayat bhavans or block offices.
"The state government shall provide adequate manpower to the State Election Commission for the deployment at the panchayat bhavans and block offices.
"In this regard, we direct that every district shall meticulously comply with the directions issued by the ECI or the state government for the staff for smooth functioning," the bench said.
During the hearing, senior advocate Kapil Sibal, appearing for some of the petitioners, questioned the criteria for issuance of notices of hearings for "logical discrepancies." He said that names like "Ganguly", "Datta", etc., can be spelt in different ways, and these spelling differences are cited as reasons for notices.
The senior lawyer said in some cases, notices are sent on the grounds that the age difference with the parents is less than 15 years.
Senior advocate Rakesh Dwivedi, for the poll panel, informed the bench that instructions have been given to the officers not to send notices citing spelling differences.
However, Dwivedi said such cases where the age difference with the parents is 15 years or less are flagged as a "logical discrepancy".
The bench then said,"Why is it a logical discrepancy? How can a 15-year age gap between mother and son be a logical discrepancy?"
Justice Bagchi remarked, "It is not as if we don't have child marriages in the country."
Senior advocate Kalyan Banerjee told the court that notices have been sent even to Nobel Laureate Professor Amartya Sen and sitting MPs.
He alleged that a "profiling" of voters was being done.
Dwivedi denied the allegations and said, "If the ECI is to be distrusted, let not the ECI hold the elections at all."
Derek O'Brien, in his plea, alleged arbitrariness and procedural irregularities in the SIR of electoral rolls in the state.
The application said that since the inception of the SIR process in the state, the EC has issued instructions to officers at the ground level through "informal and extra-statutory channels", such as WhatsApp messages and oral directions
conveyed during video conferences, instead of issuing formal written instructions.
Another plea by MP Dola Sen contends that the SIR orders are arbitrary, unconstitutional and will lead to invalid deletion of genuine voters.
Defeated them in court today, will trounce BJP in polls: TMC
Reacting to the apex court order, senior Trinamool Congress leader Abhishek Banerjee on Monday interpreted the Supreme Court's direction to the EC to publish the names of electors called for hearings on account of logical discrepancies in enumeration forms as "two tight slaps on the faces of those who tried to deprive people of their fundamental right to vote".
Speaking at a rally at Barasat in West Bengal's North 24 Parganas district, the TMC national general secretary said this "victory in court" would be followed by the party's "win in polls" likely to take place in April this year.
Referring to the BJP, Banerjee said, "This is a victory of 'Maa Mati Manush' and the people of West Bengal over those who tried to pick and choose one crore citizens and delete their names from electoral rolls. The Supreme Court gave two tight slaps on the faces of those who not only tried to starve the people of West Bengal, but also attempted to deprive them of their fundamental right to vote."
"We defeated them in court today, we will trounce them during polls in April. Stay prepared, West Bengal is not UP, Bihar, MP or Gujarat. This state showed the path to the nation's Independence struggle, its renaissance. We do not bow our heads before outsiders," he added.
On Monday, the Supreme Court directed the EC to display the names of those on the "logical discrepancies" list at gram panchayat and block offices in rural areas and ward offices in the urban pockets of West Bengal in the next three days and call them for hearing within 10 days of publication of the list.
Hearing pleas alleging arbitrariness and procedural irregularities in the ongoing SIR exercise in West Bengal, a three-judge bench comprising Chief Justice Surya Kant and Justices Dipankar Datta and Joymalya Bagchi allowed notice receivers to seek assistance of any person -- a lawyer, a family member, neighbour, or even a political party BLA -- during the hearings, but only with proper authorisation.
The apex court also directed the poll body to allow admit cards of secondary exams (Madhyamik), bearing dates of birth, to be considered as a valid SIR document during the hearings.
"The BJP's SIR game is over," Banerjee said, stating he also had information that the court has asked the poll body to provide receipts of documents submitted by electors appearing for hearings.
"So, Modiji, tell us now who is more powerful? The 10 crore people of West Bengal or BJP zamindars? The tormentors from outside or the toiling masses?" the TMC leader said at the rally.
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