West Bengal SIR | Supreme Court To Consider 'Freezing Date' Issue For Pending Appeals On April 13

The issue relating to the Special Intensive Revision (SIR) of electoral rolls in West Bengal was mentioned before the Supreme Court on Friday, with a counsel submitting that the Election Commission of India (ECI) had frozen the electoral rolls on April 9 despite multiple appeals pending on the issue.

Before a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi, the counsel submitted that the appellate tribunal headed by former Calcutta High Court Chief Justice TS Sivagnanam recently allowed two appeals, after finding that the adjudication officers deleted the names of the appellants without application of mind. He said that so many similar appeals are pending. But since the ECI has frozen the rolls on April 9, they will be left out.

"We will consider the freezing issue on (April) 13th, and if necessary, we will pass appropriate orders," Justice Bagchi said.

"Mr.Naidu (ECI) counsel said that the freezing date is 9th and after that none will be considered. Right to vote remains, these appellants are similarly situated (as the appellants whose appeals were allowed)," the counsel said.

"What was the architecture we are thinking. There is a cut-off line in respect to A election, and underlying is a constitutional right to be on the electoral roll and to vote in further elections. That is a much higher and much more permanent..." Justice Bagchi said.

The counsel said that these appellants are Passport-holders.

 The first phase of the West Bengal elections will be held on April 23. As per reports, nearly 27 lakh claims were rejected in SIR adjudication, and several appeals are pending before the appellate tribunals. 

Last week, the Supreme Court had declined to allow the interim inclusion of the appellants who were earlier mapped, even though the appeals may take time.

The Court had also allowed Congress candidate Motab Sheikh, who was deleted from the electoral roll, to approach the appellate tribunal. The appellate tribunal later restored Sheikh's name to the rolls, after observing that the ECI could not furnish reasons for his deletion.