On a recent sweltering afternoon, Pradyut Ghosh, 55, traveled over 40 km from his home to the Dr Syama Prasad Mookerjee National Institute of Water and Sanitation in suburban Pailan near Kolkata. He was carrying documents to prove his octogenarian father’s identity.
The institute is a designated venue where the Supreme Court (SC)-mandated appellate tribunals are reviewing appeals from voters whose names were deleted from the electoral rolls.
“My father’s name has been deleted from the electoral roll after adjudication. His name is Bichitra Ghosh and he is 82-year-old. He could not come himself, so I have come to check as to when he could be called for hearing. I came to know from media that the appellate tribunals have started working. The security personnel, however, didn’t allow me to enter the institute. I was told that if my father is called for hearing, we would be informed and given a specific date,” said Ghosh.
While more than six million names of doubtful voters were kept under adjudication after the publication of the final roll, on February 28, judicial officers appointed by the Calcutta high court struck off the names of 2.7 million voters after adjudication, while including 3.2 million names in the electoral roll.
“My name and my son’s name have been struck off from the voters’ list after the adjudication process. We had given all documents, but still they have deleted the names. I don’t know why. As the appellate tribunals are working in the institute, I came to check whether any hearing was being held,” said 78-year-old Samir Kumar Guha, a pensioner.
Also Read:Bengal mining belt records sharp voter decline after SIR; Paschim Bardhaman at 15.55%
Guha received the same response when he approached the security personnel guarding the institute’s gate on Diamond Harbour Road.
On the orders of the Supreme Court on March 10, the Election Commission of India (ECI) constituted 19 appellate tribunals, appointing retired judges to hear appeals against orders of judicial officers in cases involving voters marked “under adjudication” following the Special Intensive Revision (SIR) of electoral rolls in the state.
“The appellate tribunals have started working. In all 19 retired judges are working. We don’t have the exact figures on how many numbers of cases have been disposed of as the dashboard hasn’t been set up year. The apex court had earlier directed that a SOP needs to be finalised on how the tribunals would be working. The tribunals’ judges will come up with the SOP,” Manoj Kumar Agarwal, chief electoral officer of West Bengal, told the media last week.
On April 16, the SC ordered that people cleared by appellate tribunals for inclusion in electoral rolls at least two days before polling will be entitled to vote in the upcoming West Bengal assembly elections. The apex court directive significantly relaxed the earlier freeze on voter lists, offering relief to many caught in the ongoing special intensive revision exercise.
“Names of at least 73 voters were deleted from the polling station in Purba Beliayari village in South 24 Parganas’ Magrahat area. We had held a week-long camp in the village to help the voters to appeal before the tribunals, online. I came with their documents to check when they would be called for hearing. I was told that if they are needed to attend a hearing session, they would be informed through the Booth Level Officer,” said Md Yusuf, a social worker and a businessman.
“The former judges, who comprise the tribunals, have already started working. As of now the tribunals are scrutinising the documents submitted by the voters whose names have were struck off after adjudication. Only those voters, whose cases are found to be doubtful, are likely to be called for hearing. They would be given an opportunity for hearing based on the Supreme Court’s order,” said a state government official attached with the tribunals.
Apart from the 19 retired judges, there are several state government officials who have bene appointed as stenographers, UD assistants, data entry operators and group D staff.
“Not all the 2.7 million cases would be called for hearing. The tribunals would clear the names of voters whom they find eligible. Only the doubtful cases would be called for hearing. Those who would be called for hearing would be informed through the BLO. They will be given a specific date and time when they need to appear,” said another official.
Also Read:The founding vision of India’s democracy and Bengal SIR
Under the top court directions, appellate tribunals must decide appeals by April 21 for the first phase of polling on April 23, and by April 27 for the second phase scheduled on April 29.
If an appeal is allowed within this window, the voter’s name must be restored through a supplementary roll, enabling them to cast their vote. The development assumes significance because electoral rolls for the first and second phases were frozen on April 6 and April 9, respectively, effectively disqualifying those whose claims were not adjudicated in time.
“It is the Supreme Court’s order that voters would have to be given an opportunity of hearing. They may be represented before the tribunal by a lawyer during the hearing session,” said a senior lawyer of the Calcutta high court, who didn’t wish to be named.
