SIR: SC directs poll panel to display names for ‘logical discrepancies’
The Supreme Court on Thursday asked the Election Commission 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, during the ongoing special intensive revision of electoral rolls in various States.
After the completion of the revision in Bihar, the second phase of the exercise is being carried out across nine States — Chhattisgarh, Goa, Gujarat, Kerala, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal and three Union territories — Andaman and Nicobar, Lakshadweep and Puducherry.
On Thursday, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing the submissions of senior advocates Kapil Sibal, Amit Anand Tiwari and lawyer Vivek Singh, on behalf of the DMK, that the electors, who have been put in the “logical discrepancies” list, be given adequate time and opportunity to claim inclusion in the electoral rolls in poll-bound Tamil Nadu.
The Supreme Court was hearing pleas alleging arbitrariness and procedural irregularities in the ongoing special intensive revision (SIR) exercise in Tamil Nadu, including those related to the “logical discrepancies” category. Passing general directions for the states where SIR is underway, the bench noted that EC notices have been issued and they are broadly classified in three categories — mapped, unmapped and logical discrepancy.
The Supreme Court added that under the ‘logical discrepancy’ category, mismatches in father’s name or parents’ age, and a difference in the age of the grandparents were noticed by the authorities. “The documents brought on record by the parties indicate that, within the category of logical discrepancies include, inter alia, a mismatch of the father’s name, a mismatch of parents’ ages, a difference in parents’ ages of more than 50 years, a difference in grandparents’ ages of less than 40 years, and those having more than six progeny,” the bench noted.
With a view to enabling the persons who are as of now included in the category of logical discrepancies, the bench issued certain directions. “The names of the persons figuring in the logical discrepancies may be displayed at the Gram Panchayat Bhawans, public places in every Taluka (Sub-Division), as well as in the Ward Offices in the cities of the urban areas,” it ordered.
People likely to be affected are permitted to submit their documents or objections through their authorised representative, it said. “Such an authorised representative can even be a Booth Level Agent (BLA). There shall be an authority letter in favour of such representative, whether signed or thumb-marked,” it said.
The bench said documents and objections may be permitted to be submitted at the Panchayat Bhawans or ‘Taluka’ offices. It asked the poll panel to issue instructions for providing an additional 10 days’ time from the date of displaying the lists in the Panchayat Bhawans to all persons who have not yet submitted their claims, documents, or objections to do so within the extended period.
“The State Government shall provide adequate manpower to the Election Commission of India and the State Election Commission for deployment at Panchayat Bhawans to handle documents/objections and hear persons likely to be affected,” it directed.
It also directed district collectors to “meticulously” follow the instructions issued by the Election Commission for deploying adequate staff and forces to ensure smooth functioning. It also directed the DGPs of States, Superintendent of Police and the Collector of states, where SIR is underway, to ensure that there are no law and order problems.
“All affected persons may, in addition to being given an opportunity to submit documents, materials, or objections, also be heard at that same time either in person or through the authorised representative accompanying them, for the purpose of making an appropriate decision,” it said.
The official, who will receive documents or accord a hearing to the affected persons, may also certify the receipt of papers and the conduct of such a hearing, it said. The bench passed similar directions on January 19 on the pleas pertaining to SIR in West Bengal.
