New Delhi: The Supreme Court has refused to grant interim voting rights to people whose names were removed during the Voter List Revision (Special Intensive Revision – SIR) in West Bengal. Those whose names have been removed from the list and whose appeal is still pending will not be allowed to vote in the upcoming assembly elections.
During the hearing, TMC leader Kalyan Banerjee said that around 16 lakh appeals have been filed and they should be allowed to vote in the two-phase assembly elections to be held later this month.
On this, Chief Justice of India Surya Kant clearly said, “This is completely impossible. If we allow this, then the voting rights of the persons concerned will have to be suspended.” Justice Joymalya Bagchi said that about 34 lakh appeals are pending in the SIR process. He said that the same figures have emerged in the report presented by the Chief Justice of Calcutta High Court.
Bengal voter list freeze
The Election Commission of India (ECI) has already frozen the voter list of West Bengal. Now no new name can be included in the list before the elections, unless the Supreme Court gives special instructions in this regard, which was not given today. 19 appellate tribunals have been created in the state, which will decide about 27 lakh cases. All these cases are related to those people whose names have been removed from the voter list under the judicial process.
The decision came after a group of 13 people filed a petition in the Supreme Court against the removal of their names. The court termed the petition as “untimely” and said that the petitioners should first approach the appellate tribunal. “Since the petitioners have already approached the Appellate Tribunal, their apprehensions are premature at this stage. If this petition is allowed, it will have necessary consequences,” the court said in its order. However, the court did not comment on the merits of the case.
30 to 34 lakh appeals pending
The petitioners alleged that the Election Commission was removing names without following proper procedure and the appeals against these removed names were not being heard on time. Senior advocate DS Naidu, appearing for the Election Commission, said that around 30 to 34 lakh appeals are pending.
On this, Justice Bagchi said that the right to vote is not only constitutional but also emotional. He said, “Voting in our country is a means to be part of democracy and elect the government.”
However, he also said that additional pressure cannot be put on tribunals run by former judges by setting time limits. Not just the result, but also the process is important. We have to protect the rights of legal process. Voters should not be trapped between two constitutional institutions.
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