Supreme Court orders deployment of judicial officers in West Bengal's SIR exercise

The bench ordered deputation of judicial officers for adjudication of claims and objections of persons put under logical discrepancy list.

New Delhi: In an unexpected development, the Supreme Court on Friday directed for deployment of judicial officers, including the retired judges, for easy and smooth conduct of the special intensive revision of electoral rolls in West Bengal, upon finding a clear lack of cooperation between the state government and the Election Commission.

Expressing disappointment with the West Bengal government's response, the court explained it had to pass the "extra ordinary order" due to "extra ordinary circumstances."

A three-judge bench led by Chief Justice of India Surya Kant asked the Calcutta High Court's Chief Justice to spare serving and former judicial officers in the rank of District Judges for the SIR duties.

"There is an unfortunate blame game of allegations and counter allegations which shows trust deficit between the two constitutional functionaries - state government and the EC. Now the process is stuck at the stage of claims and objections of the persons who have been included in the logical discrepancy list," the bench, also comprising Justices Joymalya Bagchi and Justice Vipin Pancholi, noted.

The bench said, it was left with no other option but to involve the State judiciary, including the retired judicial officers, for conclusion of the SIR exercise in the state of WB. 

The court thus directed to appoint judicial officers to adjudicate claims and objections in the SIR process in West Bengal.

The bench also pointed out, there is a "trust deficit" between the West Bengal government and the EC.

The court further clarified it was passing the directions, in order to ensure fairness in adjudication of genuineness of documents submitted and consequent inclusion or exclusion in voter list.

"We are left with hardly any other option but to request Chief Justice of Calcutta High Court to spare some serving judicial officers along with some former judicial officers in the rank of Additional District Judge or District Judges who can then in each district aid in disposal or revisiting of the claims under the logical discrepancy list. Each officer shall be assisted by the EC and officials of state government deputed to assist in the duty," the bench said.

During the hearing, the EC's counsel claimed that they were not being provided well qualified officers to conduct the smooth functioning of SIR exercise.

The bench said it was disappointed with the response of the state government, while hearing a batch of pleas challenging the EC's exercise of electoral rolls in West Bengal state.