Won't allow impediments to SIR, SC warns Bengal, extends deadline by a week

The Supreme Court on Monday cautioned the West Bengal government against creating any "impediments" in the completion of the Special Intensive Revision (SIR) of the electoral rolls process, even as it assured that genuine difficulties in the process would be addressed. The court has also extended the deadline to complete scrutiny or applications in Bengal SIR and to finalise data by one week.

West Bengal Chief Minister Mamata Banerjee had sought from the Supreme Court changes in the SIR process by seeking an end to official instructions issued via WhatsApp. It demanded all directions be formally issued and uploaded on the ECI website, and has also sought the removal of micro observers, proposing 8,505 Group B officers instead.

Chief Justice of India Surya Kant made the court’s position clear, stating, "We will remove hurdles, but we will not create any impediments in the completion of SIR. Let us be very clear about it".

The bench also comprising Justices Joymalya Bagchi and NV Anjaria emphasised that the revision exercise must proceed as scheduled.

Senior advocate DS Naidu, appearing for the poll body, raised serious concerns over the appointment of Electoral Registration Officers (EROs).

He argued that EROs perform quasi-judicial functions and therefore must possess adequate adjudicatory experience.

Naidu submitted that while the ECI had sought around 300 Group B officers, only 64 officers with such experience were provided, with the remaining appointments made on the basis of pay parity.

He contended that officers such as engineers were ill-equipped to handle adjudicatory decisions under the SIR, which are open to challenge before appellate authorities.

The role of micro observers also came under scrutiny. Senior advocate Shyam Divan argued that large-scale deletion of voter names could not be undertaken through micro observers and warned against mass exclusion.

Emphasising urgency, Divan pointed out that the SIR process is scheduled to conclude on February 14, with the final electoral roll to be published the same day.

"If they publish the final list and announce election then it will be finished. We don’t want mass exclusion," he said.

He stated that the draft electoral roll contains 7.08 crore voters, of which 6.75 crore are mapped, around 32 lakh remain unmapped, and 1.36 crore have been placed under the "logical discrepancy" category.

He further pointed out that over half of the discrepancies stem from minor name variations such as "Dutta" and "Datta" or "Roy" and "Ray".

Responding to these concerns, the CJI noted that micro observers were part of a support system to assist EROs and Assistant EROs, with the final decision resting with the EROs.

He added that the court would examine the outcome of the verification exercise. "We will see after the verification how many of these notices are dropped. If 80% of the cases are dropped, then your argument will be the same — that minor discrepancies are incorrect," the CJI remarked.

Senior advocate Abhishek Manu Singhvi, appearing for the West Bengal government, criticised the deputation of micro observers from outside the state, arguing that many lacked familiarity with local conditions and culture.

He submitted that the state had already provided trained officers, including over 80,000 Booth Level Officers and thousands of Group B officers, to assist in the exercise.

The court also noted procedural lapses in the deputation of officers, with the CJI pointing out that complete details and proper nomenclature were required for official deployment and coordination with district authorities.

The Chief Justice noted that similar directions had been issued earlier in a Bihar-related matter, indicating consistency in the court’s approach.

CJI ISSUES INTERIM DIRECTIONS

Additionally, to streamline and add transparency to the SIR process, the CJI issued a set of interim directions.

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• The court directed the West Bengal government to ensure that all 8,555 Group B officers whose list was submitted a report to the respective District Election Officers by 5 pm.
• It authorised the Election Commission to replace existing EROs and AEROs or utilise the services of these officers if found suitable, and said that after a brief scrutiny of their biodata, they could be given one or two days’ training to function as micro observers.
• The court clarified that these officers or micro observers would only assist the EROs, with the final decision resting solely with the EROs.
• The bench also directed the West Bengal Director General of Police to file a personal affidavit responding to allegations of police inaction during incidents of violence and the burning of Form 7s.

WHAT MAMATA BANERJEE SOUGHT FROM COURT

Mamata Banerjee questioned the manner in which the poll body was conducting the SIR. A key demand was an end to the use of WhatsApp for official communication, with the state insisting that all instructions be issued on official letterhead, carry memo numbers and dates, and be uploaded on the ECI website.

Banerjee has repeatedly criticised what she calls the "WhatsApp Commission", raising concerns over transparency and legality.

The state also sought the complete removal of micro observers from the SIR process, proposing instead a panel of 8,505 Group B officers.

It has urged that in case of disagreement, decisions taken by micro observers be annulled, with final authority resting solely with Electoral Registration Officers or Assistant EROs. Alternatively, objections by micro observers should be referred back to statutory officers.

Further, the Trinamool Congress warned against deletion of voters over minor name mismatches, sought acceptance of residence certificates earlier rejected, and asked that house allotment sanction letters be treated as valid proof, as was done in Bihar.

On February 4, Banerjee became the first serving chief minister to argue before the top court, urging it to intervene to "save democracy" and alleging that West Bengal was being targeted.

The Supreme Court subsequently issued notices to the ECI and the state’s chief electoral officer, seeking replies by February 9.