The order was delivered by a three-judge bench led by Chief Justice of India (CJI) Surya Kant, alongside Justices Dipankar Datta and Joymalya Bagchi, while hearing petitions that alleged arbitrariness and procedural shortcomings in the ongoing SIR process in West Bengal.
The court emphasized that the verification must be performed in a way that does not impose unnecessary stress or hardship on the individuals involved. It instructed the ECI to publicly list the names of voters who received notices regarding “logical discrepancies” in their enumeration forms. These lists should be displayed at gram panchayat bhavans, block offices, and ward offices throughout the state.
Over 1.25 crore voters flagged
The apex court acknowledged that approximately 1.25 crore notices have been sent to voters in West Bengal. The discrepancies include mismatches in parents’ names, unusually narrow age gaps between voters and their parents, or age differences that surpass acceptable limits, as reported by LiveLaw.
Logical discrepancies identified during the progeny linking with the 2002 voter list include instances where the age difference between a voter and their parent is less than 15 years or exceeds 50 years, the court was informed.
Facility to submit documents locally
Considering concerns raised by petitioners about voters having to travel long distances to address the notices, the court mandated the establishment of offices for document submission or objections within panchayat bhavans or block offices. This, the bench noted, would enhance accessibility and minimize inconvenience, as per LiveLaw.
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The court also clarified that individuals receiving notices will be allowed to submit their documents or objections via authorized representatives, including Booth Level Agents (BLAs). This authorization must be provided through a letter with a signature or thumbprint, as stipulated by LiveLaw.
If the submitted documents are deemed unsatisfactory, election officials must afford the individuals an opportunity to be heard.
Administrative and law-and-order safeguards
To guarantee accountability, the Supreme Court directed election officials to acknowledge the receipt of documents and the execution of hearings. The state government was instructed to allocate sufficient personnel to assist the ECI throughout the process.
“The state government shall provide adequate manpower to the State Election Commission for deployment at the panchayat bhavans and block offices,” the bench noted, according to news agency PTI.
Furthermore, the Director General of Police of West Bengal was tasked with ensuring that no law-and-order issues emerge during the exercise.
