SC allows Mamata, others to file fresh pleas on Bengal poll vote deletions

The Supreme Court on Monday said former West Bengal chief minister Mamata Banerjee and others can file fresh applications regarding their claim that the victory margins in 31 constituencies in the recent assembly polls were less than the deletion of votes there during the Special Intensive Revision (SIR) of electoral rolls.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi took note of the submissions after senior advocate and TMC MP Kalyan Banerjee referred to an earlier observation of Justice Bagchi that the court can look into the grievances if victory margins are less than the number of names deleted during the SIR. He claimed that there were 31 such seats.

The Election Commission, represented by senior advocate D S Naidu, opposed Banerjee's submission, saying that the remedy was an election petition.

Naidu said the poll panel can be held accountable for issues related to the SIR only and the consequential appeals against the addition or deletion of votes during the electoral rolls revision.

At the outset, Kalyan Banerjee referred to the earlier observation of Justice Bagchi on victory margins and said, “One of my candidates lost by 862 votes and, interestingly, 5,550 votes were deleted during the SIR from that constituency. "

He claimed there were 31 such seats where victory margins were less than the deleted votes.

“Whatever you want to say about results, about deletions, etc., this requires an independent IA (interim application),” Justice Bagchi said.

Justice Bagchi said that whatever the poll panel is saying -- that the election petition was the remedy -- it can come in the EC's reply in its counter-affidavit.

Banerjee then referred to the resignation of former Calcutta High Court Chief Justice TS Sivagnanam from the SIR Appellate Tribunal, which had been hearing appeals by persons excluded from the electoral roll in the SIR exercise and cross appeals of the EC against alleged wrongful additions.

Justice Sivagnanam was one among 19 judges who had been designated as Appellate Tribunals by the Calcutta High Court to hear appeals against additions or deletions of persons from the voters’ list.

Senior advocate Menaka Guruswamy, appearing for one of the petitioners, said that there is a feeling that appellate tribunals will now take four years to decide the appeals against deletions.

The CJI said he can see whether any improvement can be made in the adjudication of appeals against the deletions.

The apex court bench was hearing a batch of petitions, including one filed by Mamata Banerjee, related to the SIR of electoral rolls in the state.

Approximately 700 judicial officers from West Bengal and neighbouring Odisha and Jharkhand were deployed to deal with around 60 lakh claims and objections of those who were deleted from voter lists during the SIR of electoral rolls in the state.

Later, the Chief Justice of Calcutta High Court, at the direction of the top court, set up as many as 19 tribunals headed by former HC chief justices and judges to decide appeals against deletions of names of persons from the voter lists.

Justice Bagchi had earlier said the bench will examine the more valuable right to remain on the electoral rolls later.

In the recently concluded assembly elections in the state, the BJP secured 207 seats in the 294-member assembly, while the TMC, which had been in power for 15 years, won 80 seats.

The state registered a record voter turnout of above 90 per cent in the polls.