Senior Trinamool Congress leader Kalyan Banerjee has commented on the Supreme Court judgment regarding the Special Intensive Revision (SIR) of electoral rolls, emphasising its specific application to the Bihar case and highlighting the Election Commission's limited authority in determining citizenship.
The Supreme Court has questioned the amended constitution of the Shiv Sena, observing that it appeared to have made the party 'virtually a one-person structure' and raising concerns about democratic functioning within political parties.
'The incumbent matters. It matters a lot. If a person sitting on top is good, then he can achieve a lot. And if he is bad, you see what can happen.'
The Supreme Court closed a plea by Goa Congress leader Ketan Bhatikar, who died from a snakebite, challenging the cancellation of the Ponda assembly bypoll by the Bombay High Court.
'The current Election Commission functions more like a government department than an autonomous body.'
The Supreme Court has strongly criticised the West Bengal government's handling of an incident in Malda district where judicial officers were allegedly attacked. The BJP has accused the TMC of orchestrating the event to obstruct the Special Intensive Revision (SIR) of electoral rolls and protect Rohingyas.
The Election Commission has informed the Supreme Court that over 37 lakh appeals concerning deletions or inclusions in West Bengal's electoral rolls remain pending under the Special Intensive Revision. The apex court-appointed tribunals have disposed of only a fraction of the 38.20 lakh appeals filed, prompting the Supreme Court to seek data and a plan for streamlining the adjudication process.
The Supreme Court has questioned the reliability of legislative majority as the sole determinant for political party ownership, especially when disqualification proceedings are pending against the very legislators forming that majority. This query arose during arguments concerning the Shiv Sena faction dispute between Eknath Shinde and Uddhav Thackeray.
Former West Bengal Chief Minister Mamata Banerjee has filed a plea in the Supreme Court challenging the Election Commission's interim decision to freeze the Trinamool Congress' name and party symbol. The EC had allotted separate names and symbols to two rival TMC factions ahead of upcoming bypolls, a move Banerjee has strongly criticised as a "black day" for democracy.
The Supreme Court has questioned the Election Commission's decision to allot the Shiv Sena's bow-and-arrow symbol to the Eknath Shinde faction, asking if the possibility of denying the symbol to both factions was adequately considered. The court also raised concerns about using legislative majority as a test while disqualification proceedings against MLAs were pending. The Shinde faction argued for the validity of the legislative majority test, citing significant vote share and legal precedents.
The Supreme Court resumed hearing pleas challenging the Maharashtra Speaker's decision regarding the Eknath Shinde-led Shiv Sena MLAs and the Election Commission's recognition of the Shinde faction as the "real" Shiv Sena. Senior advocate Neeraj Kishan Kaul, representing the Shinde camp, argued that the EC has jurisdiction under Article 324 to examine a party's democratic character and organisational structure, especially when the Thackeray faction's constitution was not registered with the poll panel. He emphasised that the Shinde faction's case is based on a split within the political party, not just its legislative wing, citing cadre discontent. The hearing remains inconclusive.
'They have been found wanting in taking stern measures to stop this because the Constitution has given them this authority and the power to ensure a free and fair election in the country.'
Former bureaucrat Ashish Joshi has claimed that Delhi Police questioned him for nearly nine hours over social media posts concerning the Election Commission of India, and did not allow him to inform his wife about his whereabouts for several hours, alleging a "blatant violation" of Supreme Court guidelines.
The Supreme Court has sought a response from the Centre regarding the introduction of totalisers for counting votes recorded in Electronic Voting Machines (EVMs). The court wants to understand any impediments and potential negative impacts of this mechanism, which aims to protect voter privacy and prevent post-poll violence by counting votes from multiple booths together.
'To attribute motives to the individual election commissioner or the Election Commission as a group is very unfair.'
'The Election Commission cannot be regulated by the government.'
The State Bank of India (SBI) on Tuesday evening submitted details of electoral bonds to the Election Commission of India in compliance with the Supreme Court order.
The Mamata Banerjee-led faction of the Trinamool Congress has unveiled a new logo featuring a football player as its interim election symbol. This move comes after the Election Commission froze the party's original name and symbol due to an internal dispute. The new symbol, along with the name 'Mamata All India Trinamool Congress', will be used in the upcoming October 6 bypolls, with the faction actively publicising it to familiarise voters.
The Supreme Court has directed the Election Commission to provide details on the disposal of appeals by tribunals concerning deletions from West Bengal's electoral rolls during the Special Intensive Revision (SIR). The court emphasised the need to track the progress of these appeals, which were set up to address irregularities. It also clarified that grievances regarding the denial of PDS benefits due to voter deletion should be taken up with the Calcutta High Court.
The Supreme Court has emphasised the need for timely investigations and conclusions of criminal cases involving illicit money in elections. Observing that black money compromises democracy and the rule of law, the court issued several directives, including reporting seizures to competent authorities within 24 hours, completing investigations within a year, and submitting quarterly status reports to the Election Commission. The ruling also mandates High Courts to designate special courts for expeditious disposal of cases against candidates and requires High Court approval for withdrawing cases.
The Supreme Court is deliberating whether a split in the Shiv Sena could originate in the legislature party and then extend to the broader organisation and primary membership, as it hears pleas from the Uddhav Thackeray faction challenging the Election Commission's recognition of the Eknath Shinde-led faction.
'One of the principles of the MCC that you should not make hate speeches and create hatred between communities on the basis of religion was violated on a scale that was never seen before.' 'Religious symbols were very liberally used and speeches were made to polarise people on the basis of religion.'
Supreme Court Justice B V Nagarathna has emphasised the critical importance of an independent Election Commission to ensure the neutrality and integrity of the electoral process in India.
The Supreme Court, hearing pleas on the Shiv Sena split, observed that a political party retains control over its legislature wing and its valid decisions must prevail, but also advocated for granting 'elbow room' to elected representatives for political decisions if a majority 'genuinely disagree' with party directions.
The Supreme Court on Monday granted protection from arrest to psephologist Sanjay Kumar in connection with two FIRs lodged by the Election Commission of India accusing him of spreading misinformation over Maharashtra's electoral rolls through posts on social media.
The Congress party has accused the BJP and the Election Commission of being "partners in crime" in what it terms "seat chori" (seat theft), following the rejection of its Rajya Sabha candidate Meenakshi Natarajan's nomination. The party claims the rejection was based on "flawed and unreasonable" logic, alleging non-disclosure of a criminal case against Natarajan, despite her stating only a legal notice exists.
The Uddhav Thackeray faction has told the Supreme Court that the Election Commission's decision to recognise the Eknath Shinde-led unit as the "real Shiv Sena" and grant it the 'bow-and-arrow' symbol was unlawful. Senior advocate Kapil Sibal argued that a split in a legislature party cannot, by itself, amount to a split in the political party, challenging the very basis of the poll panel's jurisdiction and its disregard for the party's 2018 constitution.
'Now the institutions which have the might of law invested in them think that whatever they do is right.'
The Supreme Court has allowed former West Bengal chief minister Mamata Banerjee and others to file fresh applications regarding their claim that victory margins were less than the deletion of votes during the Special Intensive Revision of electoral rolls.
The Supreme Court of India has upheld the Election Commission's documentation framework for the Special Intensive Revision of electoral rolls, affirming the commission's authority and stating that Aadhaar is not proof of citizenship.
The Election Commission's Special Intensive Revision (SIR) of electoral rolls has completed one year, leading to the deletion of nearly six crore voters across 19 states and Union territories. This exercise, which began in Bihar, has faced opposition criticism but was upheld by the Supreme Court. The purification drive has significant implications, including linking voter data to social security benefits in some states.
A former principal secretary of the Madhya Pradesh assembly, Bhagwandev Israni, has claimed that Congress nominee Meenakshi Natarajan's Rajya Sabha poll nomination was wrongly rejected, arguing she was not required to disclose information as no FIR or chargesheet had been filed against her.
Defending the law for regulating appointment procedures of the chief election commissioner and the deputies, the Centre on Thursday told the Supreme Court that it would be wrong to assume that the prime minister and the other ministers would act in "bad faith" and against "democracy" because they have a numerical majority in the selection procedure.
The Supreme Court has expressed strong displeasure over statements made by politicians regarding the Shiv Sena symbol row case, cautioning them about making irresponsible comments.
The extent of doubts over the fairness of this election can be assessed by juxtaposing two figures: Total votes polled by the two principal parties and the number of people who were disallowed from voting this time, observes Nilanjan Mukhopadhyay.
The Supreme Court dismissed Congress leader Meenakshi Natarajan's challenge to her rejected Rajya Sabha nomination, reaffirming that the Election Commission is the sole recourse for such disputes and citing Article 329(b) of the Constitution which bars judicial interference in electoral matters.
A rebel faction of the Trinamool Congress, led by Ritabrata Banerjee, has formally staked claim to the party's name and symbol before the Election Commission, alleging widespread support and opposing the current leadership's "dynastic politics." The main TMC leadership has strongly criticised the Election Commission for granting an audience to expelled members, accusing the BJP of influencing the poll body.
The Supreme Court declined to initiate an inquiry into alleged voter roll irregularities in West Bengal, stating it would amount to a 'fishing inquiry'. The court's decision came after concerns were raised about the addition of a significant number of voters ahead of the state's Assembly elections.
Appellate tribunals in West Bengal have only disposed of a small fraction of the appeals filed against decisions made during the electoral roll revision, raising concerns about the efficiency of the process.
Three BJP candidates have been declared elected unopposed in the biennial Rajya Sabha elections in Madhya Pradesh, while the Congress party has moved the Supreme Court against the rejection of its candidate Meenakshi Natarajan's nomination.
