New Delhi, Feb 9: The Supreme Court on Monday made it clear to the states that it will not allow anyone to create any impediment in completion of the Special Intensive Revision of electoral rolls and directed the director general of police of West Bengal to file an affidavit on the Election Commission’s allegation of burning of its notices by miscreants.
Noting that West Bengal has provided a list of 8,505 Group B officers to the poll panel for the SIR exercise, the apex court also extended the deadline for scrutiny of documents submitted by affected persons by one week beyond February 14 as this process is likely to take some time and to help electoral registration officers (EROs) to take appropriate decisions.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria said it would issue whatever orders or clarifications are required in the matter.
“We will not allow anyone to create any impediment in the SIR exercise. It must be clear to the states,” the CJI said while hearing a batch of petitions, including the one filed by West Bengal Chief Minister Mamata Banerjee, related to the ongoing SIR of electoral rolls in the eastern state.
In its additional affidavit, the EC submitted that deliberate and systematic attempts are being made to derail, paralyse and frustrate the SIR exercise in West Bengal.
Passing a slew of directions, the bench said the 8,505 Group B officers provided to the poll panel may be trained and employed in the SIR process.
It said the state must ensure that these 8,505 officers report for duty to the district electoral officer or ERO by 5 pm on Tuesday.
The bench said the EC shall have the discretion to replace existing ERO or assistant electoral registration officer and employ the services of these officers subject to their suitability.
It said from the list of 8,505 officers, the EC, after scrutinising their bio-data and work experience, may also shortlist the officials equivalent to the strength of micro-observers already engaged.
The bench said these officers be imparted training for a day or so for the purpose of assisting EROs or AEROs along with micro-observers.
It said final decisions on revision of the electoral rolls will always be taken by the electoral roll officers.
The top court said the manner of employment and work profile of these 8,505 officers will be decided by the poll panel.
The bench took note of the affidavit filed by the EC, which alleged violence and burning of its notices by some miscreants.
The poll panel submitted that so far, no FIR has been registered against those who are suspected to be involved in the alleged burning of notices and other unlawful activities.
The counsel appearing for the state refuted the EC’s claim.
The bench then issued a show-cause notice to the DGP of West Bengal to file his personal affidavit on the statements made about the violence.
Solicitor General Tushar Mehta, appearing for the Centre, referred to the EC’s affidavit and said, “A message must go that the Constitution of India applies to all states”.
One of the advocates, appearing for a petitioner, said violence was reported in West Bengal and some political leaders were instigating people to burn the notices.
The bench noted that in its January 19 order, it had instructed the DGP of West Bengal, superintendent of police of each district, and the collector to ensure that there were no law and order problems at the location and that the entire activity proceeds smoothly.
During the hearing, senior advocate Shyam Divan, appearing for Banerjee, raised apprehensions about the appointment of micro-observers and mass exclusion of eligible voters in the SIR exercise.
“We don’t want any mass exclusion,” Divan told the bench.
He pointed to the draft roll having published and referred to the number of mapped and unmapped persons.
He said the West Bengal government had informed the EC that it was ready to make available 8,505 Group B officers of the state or its instrumentalities for the ongoing SIR exercise.
The counsel appearing for the EC said no names were made available to them.
Divan then said the list of 8,505 officers with their details have been handed over to the poll panel.
“Can these officers report to the concerned EROs by tomorrow?,” the bench said.
Divan responded in the affirmative.
The bench noted that list of these 8,505 officers was handed over to the counsel appearing for the EC during the hearing.
One of the advocates referred to an application filed in the apex court which alleged that Mamata Banerjee’s personal appearance in the top court in the SIR matter on February 4 was “constitutionally improper” and “legally untenable”.
When the lawyer said appearance by a serving chief minister in the top court was unheard of, the CJI observed, “Please don’t politicise the issue”.
After hearing the submissions, the bench issued certain additional directions in order to streamline the ongoing process of SIR and to address certain apprehensions which were expressed before it.
The counsel appearing for the poll panel had argued in the top court on February 4 that the West Bengal government provided the services of only 80 Grade two officers, such as SDMs, for overseeing the SIR exercise.
Banerjee had countered the EC’s charges and said the state had provided whatever services were sought by the poll panel.
The chief minister had vehemently urged the top court to intervene in the SIR process in West Bengal to “save democracy”, alleging that the state was being targeted and its people were being bulldozed. (PTI)
