SIR: SC directs EC to display names on logical discrepancies list in WB

Observing that the Special Intensive Revision (SIR) 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 DGP 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 Supreme 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 Supreme Court added that under the ‘logical discrepancy’ category, mismatches in the father’s name or parents’ age, and a difference in the age of the grandparents were noticed by the authorities.

The Supreme 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 Supreme 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.