Supreme Court Directs Extension Of West Bengal SIR Deadline, Clarifies Micro-Observers Can't Pass Orders

The Supreme Court on Monday issued a slew of directions in relation to the Special Intensive Revision (SIR) of the electoral rolls in West Bengal. The Court directed the State to make available to the Election Commission of India Group B officers for SIR duties, who can replace the micro-observers deployed by the Election Commission of India. The Court also clarified that final orders on claims and objections can be passed only by the Electoral Registration Officers (ERO), and that the micro-observers can only assist them.The Court also directed the Director General of Police of the State to file a personal affidavit responding to the concerns raised by the ECI regarding failure to stop threats and violence against SIR officials.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria also directed that the deadline for the scrutiny of documents and objections be extended at least for a week from February 14, the scheduled date for publication of the final list.To "streamline the process" and with a "view to address the apprehensions raised by different stakeholders", the Court issued the following directions :(i) Let the State Government ensure that all the 8550 Group B officers, whose list was handed over today, report for duty to the District Collector/ERO tomorrow by 5 PM. The ECI shall have the discretion to replace the existing ERO/AEROS and utilise the services of the officers who have now been placed at their service, subject to their suitability.(ii) From the list of 8500, the ECI, after scrutinising their bio-data and work experience, may shortlist these officers equivalent to the strength of micro-observers already engaged. These state government officials may be imparted brief training of a day or so for the purpose of providing assistance to EROs/AEROs along with the micro-observers already assigned. (iii) The responsibility already assigned to micro-observers shall be only to assist the DEO/EROs. In other words, the final decision will be taken by the EROs only. (iv) Since the process of scrutinising the documents submitted by the affected persons is likely to take more time, and as suggested by some of the petitioners, we direct that at least one week more time be granted to the DEO/EROs beyond February 14 to complete the scrutiny of the documents and take an appropriate decision.(v) On behalf of the petitioners, references have been made to some documents to suggest that the microobservers are the final authority. This aspect has been clarified by the ECI that microobservers shall only be assisting the prescribed statutory authority for taking the final decision.(vi) Show-cause issued to the Director General of Police of West Bengal for his personal affidavit on the statements made by the Election Commission of India that there was widespread violence. The Court noted the submission of the ECI that, despite their complaints, no FIRs were registered. There were also allegations regarding mass-burning of Form 7 objections. The Court noted that its January 19 order had specifically directed the DGP to ensure that law and order were maintained.The Court also clarified that the EROs shall be duty-bound to consider objections, if any received, as per the statutory scheme, whether or not such persons come forward for personal hearing. The genuineness of their documents can be verified like that of the documents of affected persons.The Court further clarified that the that ECI shall be at liberty to replace officers who are not performing their duty. During the hearing, Senior Advocate Dr Abhishek Manu Singhvi, for the State of West Bengal, informed that the list of about 8500 Group B officers, who can function as Assistant Electoral Register Officers, has been prepared. Last week, the Court had asked the State to hand over a list of officers, who can replace the 'micro-observers' appointed by the ECI. The ECI's stand is that they were compelled to appoint micro-observers due to the State's non-cooperation.Senior Advocate Dama Seshadri Naidu, for the Election Commission of India, submitted that most of these officials are not experienced in passing quasi-judicial orders. The State is claiming that they have experience in election duties, but for SIR duty, the officers are required to pass orders on claims and objections, Naidu said, highlighting the need for officers in the revenue department who have experience in passing orders. Naidu also submitted that these officers need to be trained before being enlisted for SIR duties, and considering that the last date for publication of the final list is February 14, he voiced doubts about the feasibility of employing officers from the State's list. However, ultimately, Naidu conceded that these officers can report for duty tomorrow, following which the ECI will see their suitability.Senior Advocate Shyam Divan, for Mamata Banerjee, submitted that an "extra-legal role" has been given to the micro-observers, who...

Supreme Court Directs Extension Of West Bengal SIR Deadline, Clarifies Micro-Observers Can't Pass Orders

Debby Jain

The Court directed the West Bengal DGP to file affidavit responding to ECI's complaints regarding threats and violence.

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