West Bengal SIR: SC directs EC to submit data on pendency of appeals before appellate tribunals

New Delhi: The Supreme Court on Tuesday directed the Election Commission (EC) to submit data on the pendency and disposal of appeals by tribunals challenging exclusion or inclusion in electoral rolls following the Special Intensive Revision (SIR) in West Bengal, observing that they need to be adjudicated in a time-bound manner.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana asked the poll panel to explain what steps are being taken to streamline the mechanism for disposing of pending appeals and how many additional tribunals are required.

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"Let the Election Commission file a reply specifying how many appeals are pending before Tribunals. The pending appeals be segregated, and it may be disclosed as to how many appeals at the instance of voters who were excluded/included or their cross appeals," it said.

The EC will also explain how many additional tribunals are required to be constituted, the bench said.

During the hearing, senior advocate Kalyan Banerjee, appearing for petitioners, submitted that individuals were not getting data on how many appeals are pending or decided by the tribunals as no information is available in the public domain.

Banerjee submitted that municipal and panchayat elections are coming. "These persons, whose names were deleted, won't be able to cast votes. I have given data of 31 Assembly seats. Kindly get the report from them on how many appeals have been filed, and how many have been disposed of," he said.

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The top court said it will not confine it to 31 constituencies.

"Our concern will be about all. Appeals need to be adjudicated in a time-bound manner. If need be, we will appoint more tribunals," the bench said.

Senior advocate Gopal Sankaranarayanan, appearing for another set of petitioners, referred to an RTI reply given to a Member of Parliament and said the information is absolutely "appalling". He said that a large number of appeals filed before SIR appellate tribunals are actually not by excluded voters.

Senior advocate DS Naidu, appearing for the EC, told the court that the poll panel has been coordinating with appellate tribunals to examine ways in which the appeal disposal process can be streamlined.

The top court was hearing pleas seeking measures to streamline and expedite the disposal of appeals before the SIR appellate tribunals.

On April 24, the apex court asked the appellate tribunals to give out-of-turn hearing to those who make a case of urgent hearing against deletion from electoral rolls after the SIR in West Bengal.

Approximately 700 judicial officers from West Bengal and neighbouring Odisha and Jharkhand were deployed to deal with around 60 lakh claims and objections.

Later, the Chief Justice of the Calcutta High Court, at the direction of the top court, set up as many as 19 tribunals headed by former high court chief justices and judges to decide the appeals.