The Trinamool Congress (TMC) on Monday claimed that deletions in the Special Intensive Review (SIR) of the electoral roll materially affected the results in some Assembly constituencies in West Bengal.
The allegation was made during a hearing in the Supreme Court before a bench comprising Chief Justice of India Surya Kant and Justice Goimalaya Bagchi. TMC leader and senior advocate Kalyan Banerjee said that in 31 constituencies, the BJP’s margin of victory over TMC was less than the number of people deleted in the SIR adjudication process, LiveLaw reported.
In many cases, the write-offs and loss margin were roughly the same, he added.
Banerjee reported that one candidate lost by 862 votes in a constituency where more than 5,432 people were removed from the rolls for adjudication of the matter. He claimed that the vote gap between the TMC and the BJP was nearly 32 lakh, and nearly 35 lakh appeals were still pending before the appellate courts.
The MP also referred to an earlier observation made by Justice Bagchi that if the margin of victory is less than the number of voters removed, the matter may require judicial examination.
The Election Commission opposed the submissions, saying that the remedy was an election petition and that the Election Commission could be held accountable for issues related to the SIR and subsequent appeals against the addition or deletion of votes.
The Supreme Court responds
The Supreme Court bench said former West Bengal Chief Minister Mamata Banerjee and others can file fresh applications regarding their claims.
“Whatever you want to say about the results… which may have been materially affected by the deletions that are pending… that requires a separate interlocutory application,” Judge Bagchi said.
Senior advocate Menaka Guruswamy told the bench that at the current rate, it would take at least 4 years for the appellate courts to dispose of appeals. The priority will be to ensure that appeals are decided expeditiously, the CJI said.
Justice Bagchi added: “We have made it clear to you… the subsequent event: You are free to file an enforcement application. Mr. Naidu’s (EC counsel) objection will come in counter. We will consider the matter and pass the order. As far as the appeals are concerned – a report is required from the Hon’ble Mr. CJ… to assess the timeline in which these appeals can be resolved.”
