The ECI, however, proceeded to list 62 lakh voters as ‘under adjudication’. Judicial officers, mostly district judges from West Bengal and neighbouring states, were drafted to scrutinise these claims and ‘adjudicate’. The exercise ended with 27 lakh of them being excluded as ‘not eligible’. None of them was given any reason. The Supreme Court, apprised of glaring cases of omission, ordered Calcutta High Court to constitute an appellate tribunal to hear appeals.
These voters found ‘not eligible’ were the ones who had successfully mapped their legacy with the 2002/03 electoral roll as required, produced documents and appeared in person before adjudicators. In 91 per cent of the appeals disposed of by the tribunal, their exclusion was reversed and their names were ordered to be restored.
The figures raise serious doubts about the SIR process in West Bengal and the ECI needs to answer some hard questions.
The Supreme Court bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana, however, passed an order directing the ECI to file an affidavit specifying:
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The number of appeals pending before the tribunals.
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A break-up of the appeals filed at the instance of excluded persons and the appeals against inclusions.
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How many appeals have so far been disposed of, including the nature of relief sought in those appeals.
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How many appeals have been allowed and what consequential steps are being taken to update the electoral rolls pursuant to such orders.
The apex court will hopefully direct the ECI to ensure that appellants are informed through public notification of the dates of hearings by tribunals, and direct the tribunals to pass speaking orders in writing, letting appellants know the reasons for their exclusion.
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